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Home My WebLink AboutResolution 3707CITYof ORONO RESOLUTION OF THE CITY COUNCI L NO. O A` RESOLUTION GRANTING A VARIANCE TO-MUNI.CIPAL'ZONING CODE SECTION 10.22-SUBDIVISIONS 1 (B) AND 2 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2117 WHEREAS, Thomas R. McCune and Martha H. McCune (hereinafter the "applicants") are owners of the property located at 1473 Bay Ridge Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit -A attached (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to -permit, the construction of two -tiered retaining wall located 69' from the Ordinary High Water Level of Lake Minnetonka where a 75' setback is required. The proposed improvement will result in an increase in hardcover of 90 s.f. or 15.6% where 24 s.f. or 4.1 % exists resulting in a totil of 114 s.f. or 19.8% hardcover where none is allowed. Applicants have also applied for a conditional use permit per Section 10.03, Subdivision 19 that would allow for the installation of a two -tiered retaining wall at a maximum height of 8' . Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2117. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on March 18, 1996 and recommended approval of the variances and conditional use permit as proposed based upon the following unique findings and hardships: Page 1 of 6 04��0 14k CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 __ a. There -is a section of a two -tiered retaining wall at an approximate 8' height that runs for a distance of 24' along the east lot line of the property. b. The existing two -tiered retaining wall was installed in 1987 because of severe erosion resulting from back to back 100 year storms. C. The properties to the immediate north also installed two -tiered timber retaining walls in 1987 to sustain bank adjacent to County Road right-of- way. d. There are visual signs of -erosion of the 90' of bank that remains unprotected. e. There is an existing 2-3' high timber wall that -has been installed within the unprotected bank that is in a severe state of deterioration. f. The engineer has approved the engineering plans for the timber wall construction per engineering report by GTME Consultants Inc.. dated February 29, 1996. 4. The Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the installation of a two -tiered timber retaining wall will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 6 040�0 ti CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. .8707 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, and a conditional use permit per Section 10.03, Subdivision 19 to permit the installation of a two -tiered timber retaining wall at a maximum height of 8' and grants a lakeshore setback variance of 6' or 8% and a hardcover variance of 114 s.f. or 19.8%, subject to the following conditions: 1. Prior to the City issuing a building permit for the construction of the retaining walls, applicants shall provide the following information to the City: A: Permit from Hennepin County Department of Transportation for work conducted within County right-of-way. B. Applicants -contractor to submit information on structural capacity of Helix Earth Anchors for review of City Engineer. C. Permit application to include planting schedule for plantings to be installed at first and second tier of retaining walls. 2. Applicants' contractor shall contact City staff at least 48 hours before installation of retaining walls. Applicants shall also be responsible for installing erosion control prior to construction and until walls are constructed and ground cover restored. 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (March 25, 1997). Page 3 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. :3707 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall .automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of March, 1996. ATTEST: City Clerk 1 Alperty wners) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Edward J. Calla n, Jr., Mayor r " The foregoing instrument was acknowledged before me on this 25th day of March, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A. HASEMAN • NOTARY PUBLIC-MINNESOTA ?Votary Public ' HENYEMN COUNTY My Commission Firires -an. 31, 2nCO Page 4 of 6 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL On this .�f"� day of , 1996, , before me a Notary Public within and for said County, personally a geared s r' , �, �, �, et if e �� -- known to me -to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. il�s�irlt�lfrr��ri�jllrr��y� i � 111111 STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Notary Public On this day of , 199 , before me a Notary Public within -and for said County, personally ap eared r r 1 d known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. air �r✓�.rlfr�s��1�rr��fr on, - +' &' (a _- z Notary Public Page 5 of 6 Exhibit A 3707 -4 Legal Description (As contained in Certificate of Title No. 74093) Tracts E and N, Registered Land Survey No. 192, Files of Registrar of Titles, County of Hennepin, State of Minnesota. Together with an easement for driveway purposes over Tracts 3, K, L, M, O, P, Q and R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of Registrar of Titles; Subject to an easement for driveway purposes over said Tract N as shown in deed Doc. No. 569269, Files of Registrar of Titles; in the Highway known as County Road No. 7 as to Tract Subject to a public easement E; _ water mark and she low water mark Subject to the portion of said land between the a a t of the State of Minnesota to of Lake 1�iinetonka to the public right, including the rich r' use or reclaim said portion for any public purposes now authorized by law; (as to Tract E). Also known as PLNS No. 10-117-23 34 0005 page 6 of 6