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Home My WebLink About#04-2997 Resolution 5165CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ft li 6 ~) A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT PER SECTIONS 78-lll3/14(2b) FILE NO. 04-2997 WHEREAS, the City of Orono Pub lie Works Depa1iment (hereinafter "the applicant") has made application to the City of Orono (hereinafter "the City") for variances to Mmricipal Zoning Code Section 78-1112 and a Conditional UsePem1itperSection 78-1113/14(2b) to allow filling and grading within 75' of the shoreline of Lake Minnetonka, within and within 26' of a wetland, and within the flood plain adjacent to Lake Mi1metonka, to allow for the improvement of a pedestrian and limited vehicular access d1iveway "."ithin the public dedicated right-of-way located between Lots 3 8 and 3 9, Morse Island Park, Hennepin County, Mi1mesota (hereinafter "the right-of-way"); 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 Plamring Conunission held a pub lie hearing on March 15, 2004, and again on April 19, 2004 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2997. 2. The right-of-way is located in the RS Seasonal Recreation Zoning District. 3. The Plamung Commission reviewed the application for variances and a conditional use pem1it at public hearings held on March 15 and April 19, 2004 and recommended approval by a vote of7-0 based on the following findings and hardships: A) The proposed access driveway will be 10' in width and 180' in length, and will provide a walkable access point, with limited velucular accessability, for the north halfof the island. This access will replace the access drive that was fom1erlyused on the north side of the Page 1 of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8) ! 6 j; wetland. That access was on private property, and the owner recently converted it to lawn area. The City has long held that the City has an obligation to provide reasonable access to the interior roads on the island for the needs of the few inland prope1iies which do not abut the lakeshore, and for the occasional service or emergency vehicles which may need to access the island. B) A small wetland lies within the 90' wide dedicatedright-of-wayconidor. The wetland in question is approximately 1/8 acre in area and is not on the City's 197 4 wetland invento1y, and therefore is not defined as a "City-protected Wetland"; however, it is subject to Wetland Conservation Act (WCA) regulations, which the Mi1mehaha Creek Watershed District administers on the City's behalf. C) The project is being proposed under the WCA "de minim us" rnles because it involves less than 400 s.f. of wetland area being filled. Therefore, the amount of fill and the impact of that fi]J is so minor as to not require mitigation. The proposed filling is 215 s. f. at the SE comer of the wetland. The proposed driveway fill will be no closer than 6' from the property line to the south. This complies with City requirements that do not allow filling within 5' of a lot line. D) The filling will impact a 12 cubic yard area of flood plain. An equivalent volume will be excavated adjacent to the NW comer of the floodplain area within the right-of-way as equal mitigation. E) The driveway will constitute filling of25 cubic yards of gravel in the 0-75' zone, requiring a CUP, and will constitute approximately 7 50 s.f. or 12% impervious surface in the 0-75' zone. These impacts are unavoidable in order to provide suitable access, and have been minimized by limiting the width of the driveway to 10'. F) This application was prepared by Public Services Director Greg Gappa with the assistance of Jolm Smyth, Water Resource Specialist with Bonestroo & Associates, the City's enginee1ing and enviromnental consultants. The appropriate applications are being made to the MCWD. MCWD approval shall be required before the project may commence. 4. The City Council finds that the hardships and special conditions supporting approval of the variances and CUP include the following: Page 2 of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No t11 6 '~ . -------- The property wasp latted as 1ight of way in order to provide access to inland roads and properties on the island, such access being necessary for the protection of the public health, safety and welfare. Strict adherence to the ordinances would prohibit use of the property for its intended purpose. B) The 1ight ofwayplatted to the lakeshore is a unique circumstance to the Island and was created in 1887 for the public benefit by prior owners of the stmounding prope1iy, and is not a circumstance created by the City. C) Construction of a roadway 1 O' in width within the 90' wide corridor will not alter the essential character of the locality and will replace a similar access road which existed nearby on private property for many decades. D) The establishment of a suitable roadway is a substantial prope1iy 1ight inherent in platted right-of-ways. Denial of the vmiances and CUP would deny the public of this right. 5. The City C0tmcil finds that the re-establishment of a pedestrian and vehicular access at the right-of- wayin question is necessary to balance the City's goal of providing only the minimum necessary public services to the island, with the inherent need for access for inland prope1ties, for emergency services, and for occasional service vehicles. 6. The City Council has considered this application including the findings and recommendations of the Planning Conunission, repmis by City staff, comments by the applicant and the public, and the effect of the proposed variances and conditional use pennit on the health, safety and welfare of the community. 7. The City Council finds that the conditions existing on this prope1iy are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances and conditional use pennit 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 applicant, but is necessaiyto alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant and the public; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page3of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 J 6 t§ 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 78-1112 and a Conditional Use Pe1mit per Section 78- l 113/14(2b) to allow filling and grading within 7 5' of the shoreline of Lake Minnetonka, within and within 26' of a wetland, and within the flood plain adjacent to Lake Mi1metonka, to allow for the improvement of a pedestrian and limited vehicular access driveway within the public dedicated1ight-of-way, subject to the following conditions: 1. Council approval is based on the site and grading plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the plan which are not in confonnitywith the approved plan will be at the discretion of City staff and may require fmiher Plaiming Commission and City'Council review. 2. Applicant shall establish a Conservation and Flowage Easement over the wetland. 3. Applicant shall obtain all required MCWD pennit approvals prior to commencement of construction activities. 4. Applicant and applicant's agents shall comply with all pemiit requirements of the various agencies having jurisdiction over this wetland. 5. The applicant shall apply for and obtain a land alteration pennit from the City prior to c01mnencing the project. 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a land alteration pe1mit for the project within one year of the date of Council approval, or the variances will expire on that date (April 26, 2005). 7. Violation of or non-compliance with any of the tenns 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. 8. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page4 of6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5] 6 ,5 Adopted by the Orono City Council on this 26th day of April, 2004 . ATTEST: Linda S. Vee, City Cle· Barbara A. Peterson, Mayor Applicant Page 5 of6 STATE OF MINNESOTA COUNTY OF HENNEPIN C ITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5] '~ The foregoing instnm1ent was acknowledged before me on this J. <.y day of Q prJ I , 2004 by Barbara A Peterson, Mayor of the City of Orono , a Mi1mesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN <--+ Y' The foregoing instrument was acknowledged before me on this 'l 1 ay of ¥}-p v ·, J , 2004 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota 1mmi.cipal corporation and said instrument was executed on behalf of the City. r· ~~....,®"?AA?i?'??BeS :! :! 22~"; ,f · :--·~:·. RACHEL DODGE I •,_ ,., . :·-NOTARY PUBLI C-M INNl::OTA ,1 . ') t~"'" "--~ My Commissio n Exp ires Jan. 31, 2:_: .. _, STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public 0 This instrument was acknow ledge_d before me this ;,-1 'tla yo f H:p ri I v6orc, Id , 1 -M oo(9 for the City of Orono. \i ~ (•l <'(f'l RACHr:L DODGE \I I\ ~ . . ~ ~ (,, { NOTARY PUBLIC · MlNN E30TA : '. ~.~ \ ·"-· ,/ My commission Expi res Jan. 3: 200~'~ tlx1•"'lf"/l'-?:@ :n:ee&C?aaeaie =~ -·· Notary Public Page 6 of 6 ,2004by <t:} ~· <!. l--__, tf) ~ ' • 9 I ~ i ! I . ~ ! .,,, .f. 0. :; ......... ~ 'i i\ ~ ~ ~ ~ SlEtl. FENCE POST (T-POSt). MIHn.ruM 5' LQNC, G' t.waMul.l Sl"AC\NC. llQlE; ,TTACH FABRIC To POS"JS 'M'IH MlNll-fUI.I 3 Zif" Ttt:S (50 lB. lENSLC) PDl POST IN lCP n•. 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