HomeMy WebLinkAboutResolution 4719 /-v.' ok.'---\
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A RESOLUTION GRANTING VARIANCES �^
TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1;
SECTION 10.56, SUBDIVISION 16 (L) (1); SECTION 10.55, SUBDIVISION 8;
AND A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
APPLICATION #01-2689
WHEREAS, Mandeep S. Sodhi and Leisa L. Sodhi (hereinafter "the applicants")
are owners of the property located at 4080 Dahl Road within the City of Orono (hereinafter
"the City") and legally described as follows:
Lot 14, Block 1, Pirates Cove, Hennepin County, Minnesota (hereinafter
"property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 20, 2001 at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for a variance to Municipal
Zoning Code Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16 (L) (1), and
Section 10.55, Subdivision 8 to permit structure and hardcover within 75' of the lakeshore for
a stairway and retaining wall; a conditional use permit is required per Municipal Code Section
10.03, Subdivision 19 to replace the retaining wall within the 75' lakeshore setback, and
approval of a landscaping plan to restore vegetation removed on a bluff line and within 75' of
the lakeshore where limited removal is allowed; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #01-2689.
2. The Orono Planning Commission recommended approval of the application on
September 17, 2001 based on the following findings:
Metro Legal Services Inc.
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A. The City of Orono was made aware of vegetation removal and
replacement of a stairway and retaining wall on the lakeshore side of the
property. The property owner had purchased the property in 2000 and
hired a contractor to replace the stairway and retaining walls on the
hillside and to remove the vegetation. The applicant had stated the
vegetation removal was done primarily to remove poison ivy. It was also
determined at least two large and several small trees were removed.
B. The Shoreland Ordinance does not permit"Intensive Vegetation Removal"
within 75' of the shoreline, on steep slopes or within the bluff impact
zone. What would be allowed is limited clearing of shrubs and trees less
than 6 inches in diameter and cutting, pruning and trimming of trees of
any size to provide a view to the water from the principal dwelling site
and to accommodate the placement of permitted stairways and landings
provided that the screening of structures as viewed from the water is not
substantially reduced (assuming summer leaf-on conditions).
C. Any vegetation removal of trees that are within 75' of the lakeshore or
in a bluff impact zone require a permit from the City. One large tree
that was removed from the property was hollowed out and likely would
have qualified to receive a permit. A condition of permit approval may
have been the property owners plant new vegetation in its place.
D. The City did issue a building permit to allow the property owner to
complete the stairway and retaining wall replacement, with a condition
the property owner apply for an after-the-fact variance and conditional
use permit to permit the retaining wall replacement within 75' of the
lakeshore.
E. In addition to approval of the variance/CUP, the property owner has
requested approval of a restoration plan for the vegetation removed from
the bluff line. The revised landscaping plan also includes maple trees
and an apple tree to be planted on the hillside. In addition to the trees,
ivy would be planted on the lower retaining wall to ensure the long term
visibility of the wall is diminished, and other plantings are being added
as under growth on the property.
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F. The lot is only 45' wide which does not require more than a few trees
to have full canopy cover on a property when the trees mature. At
maturity, the proposed installation of 4 trees on and above the hillside
would create the full canopy cover.
G. A permit was issued for the work completed above the top of bluff line.
Staff can issue permits for land alteration outside of the 75' setback. No
conditional use permit is required if the work is outside of the 75'
setback and has less than 500 cubic yards of land alteration. The
retaining walls and land alteration that occurred above that line were
permitted and the property owner did receive a land alteration permit on
July 31, 2001.
H. Based on the City of Orono's topographic maps, the top of bluff line
would be measured at the 960' contour. That measurement would
indicate the putting green would only encroach about 3' into the 20' bluff
impact zone. The bluff impact zone is the 20' setback from the point at
which the top of bluff is measured. Based on the survey data that was
completed by the Egan field & Nowak the top of bluff is measured at the
961' contour. The City's maps are very accurate, however they are
interpolated from aerial photography and can have some slight variations
to site elevations.
I. Based on the new survey data, it has been determined a variance is
required for the work above the bluff line. The City Engineer has
reviewed the land alteration and has determined the construction of the
putting green and wall have addressed the issues of drainage and ground
cover to not negatively impact the property or adjacent properties.
3. The City 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 variances and conditional use permit would not adversely affect
traffic conditions, light, air nor pose a fire hazard or other danger to neighboring
property; 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 applicants; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
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4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety
and welfare of the community.
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, Subdivision 1 and Section 10.56,
Subdivision 16 (L) (1), and Section 10.55, Subdivision 8 to permit structure and hardcover
within 75' of the lakeshore for a stairway and retaining wall; a conditional use permit is
required per Municipal Code Section 10.03, Subdivision 19 to replace the retaining wall within
the 75' lakeshore setback, and approval of a landscaping plan to restore vegetation removed on
a bluff line and within 75' of the lakeshore where limited removal is allowed subject to the
following conditions:
1. The final site plan and landscaping plan shall be in conformance with the
approvals set forth in this resolution and with the plans dated September 20,
2001 and shall include a 20' natural buffer between from the OHWL of the
lakeshore.
2. The final site plan shall add 2 hardwood trees, one below the stairway and one
above the stairway to the approved plan. Final tree location shall be staked
prior to planting, subject to City staff approval.
3. A final building permit shall be applied for and issued by the City for the
stairway, retaining walls and landscaping, included with the final permit are the
proposed locations for the two additional trees that are required per condition #2
of this resolution of the City Council.
4. All landscaping fabric located within 75' of the lakeshore shall be removed
before June 30, 2002. The City is allowing the fabric to remain in place to
provide erosion protection to the property following the spring weather
conditions and to allow adequate time for new vegetation to establish on the
hillside.
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5. Authorities granted by this variance and conditional use permit run with the
property not with the applicants, but are permissive only and must be exercised
by application for a building permit within one year of the date of Council
approval, or this variance will expire on that date (November 13, 2002).
6. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
7. 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 agrees to the recording of this resolution in the Chain of Title
' ,.. , '..of the property.
°�k '' , r'z,�� 'Apt _ ed bythe CityCouncil of the Cityof Orono, Minnesota at a regular
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oft , _;',..1:10.4,110.4 13 day of November, 2001.
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tree `� '` 'City> Clerk Barbara A. Peterso -Mayor
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Property Owners
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CITY of ORONO
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�kESHOj� NO. 4 71
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this-1-31+1 day of .vee,
by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
Notary Public
. ALISSA A.WINTERNHEIMER
STATE OF MINNESOTA -�11's-
�, NOTARY PUBLIC•IAINNESOTA
COUNTY OF HENNEPIN MMCommission E>cpiresJan.31,2OOS
The foregoing instrument was acknowledged before me on this /b f ` day of
November, 2001 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City.
RACI-H L DODGE ti
A j NOTARY PUBLIC-MINNE—OTA
Commission Expires Jan.31,2005 Notary Public
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
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On this 1 - day oft < 4), 1�(,_, �J , 20 c`2 , , l 1< ' <, (-_i._,) _.)( ( 6 0 ,
rr-.r &,- ( i C personally appeared before me,
who is personally known to me
I/ whose identity I proved on the basis of I (`', 1 'L-
whose identity I proved on the oath/affirmation of
, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
RACHEL DODGE ti ,"o, { /;,_.�,1:' /1.';( ,(_.—
ti , NOTA 7Y PUBLIC-MINNE'OTA Nota Public
My Commission Expires Jan.31,2005
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this 51 dayof 7-,,,_/}f-v�,r�� ,
20 GZ ,s.� (,/,),-1 /�etr/s0,? Svc/h y
personally appeared before me,
who is personally known to me
-- whose identity I proved on the basis of ,1-4.1,-/ /- c_.„
whose identity I proved on the oath/affirmation of
, a credible witness
and who executed the foregoing instrument, and acknowledged that he/she/they executed the
same as his/her/their free act and deed.
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Notary Public
„1f.l,, r
-4,----,`' ..i:MISE M.LESKINEN
,r r �,. NOTARY PUBLIC-MINNESOTA
-; My Commission Expires Jan.31,2005
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