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HomeMy WebLinkAboutResolution 1458 „ ��:� � � C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL � NO. 1458 � • • � A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND DENYING ' � AN AFTER THE FACT CONDITIONAL USE PERMIT AND VARIANCE FOR RICHARD SPEETER FOR CERTAIN LAKESHORE IMPROVEMENTS ON HIS PROPERTY LEGALL� DESCRIBED AS LOT 2, BI,OCK Z , I�1tI1JNETONKA HIGiiLAP:DS ESTATES WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, pursuant to Sections 31. 831 and 31. 832 � (b) (5) , Richard Spee�er, hereinafter referred to as the applicant, has applied for an after the fact conditional use permit and variance to permit a flume constructed within 75 feet of the lakeshore on his property legally described � as Lot 2, Block 2, Minnetonka Highlands Estates, hereinafter referred to as the property; and WHEREAS, pursuant to Section 31. 700 and in conjuction with the formal application noted above the applicant has applied for an "add-on” conditional use permit to approve the existing retaining wall along the top of the lakeshore banks of the property and to approve associated grading . and filling on the property to alleviate localized drainage problems; and WHEREAS, the Orono Council has reviewed the findings and recommendations of the Planning Commission and the Orono staff and the written and oral comments of the applicant. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Orono hereby approve a conditional use permit for Richard Speeter for a retaining wall located along the top of the lakeshore banks of the property and to permit the required grading and filling on the property to alleviate localized drainage problems and to deny the. after the fact . conditional use permit and variance for the water control � structure referred to as a flume located within 75 ' of the shoreline of Lake Minnetonka based on one or more of the following finding of facts : . - �• � ,�-���� � , . • d C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL . NO. 1458 � • � • • l. On September 10, 1981, a stop work order was issued � by the Orono Zoning Ac�ministrator for a structure erected without a permit per 32. 260 and per 34. 201 for erecting a structure which is partially locai.aa within 7� f.et of the iak�shore. 2. On September 28, 1981, �er Ordiances 31 . °31, 34. 202 and 31. 832 (.I�) (5) Richard Speeter a�plied � for an after the fact conditional use permit and variance to permit � an existing paved structure defined by the applicant as a flume, to remain on his property. 3. Webster's New World Dictionary of the American Language, Second College Edition defines a flume as an artificial channel or trough for carrying water. 4. The flume is 6 ' X 67 ' and runs lengthwise down • the lakeshore bank of the property to a point approximately 38 ' from the. lakeshore or lagoon area. Approximately 29 ' of said flume lies within 75 ' of said lakeshore or lagoon area. . 5. Ordinances 31. 831 and 34. 202 do not permit hard- cover/structures within 75 ' of the lakeshore. . 6. Section 31. 832 (b) (5) requires a conditional use permit for water control structures such as dams , culverts, weirs, etc. 7. To alleviate the erosion of the applicant ' s travelled drive and lakeshore banks during "severe and/or lengthy storms" the applicant has attempted to solve his localized, intermittent drainage problems by erecting a flume on his property. ' 8. In an addendum letter to the applicatio� filed by the applicant on September 28, 1981, the applicant notes the following: "On several occasions each y'ear, a storm is so severe that the storm sewer is inadequate to remove the runoff. On these occasions, the water flows to the next lowest point which is a path up my driveway and into my back- yard (my backyard is lower than .the front yard, and slopes � drastically towards the lake) . During these storms, . a river of water flows up my driveway along side my • house into the backyard and down the hill toward the lake. There has been one point on the hill, approximately 6 ' wide, where the water has always flowed. " -2- � � . � . � �; � , C�t� o� ORONO • d . RESOLUTION OF THE CITY COUNCIL � NO. 1458 � � - • • " 9. The retaining walls on the lakeshore bank are constructed in sections. The section to the north was erected to stabilize the steep banks located close to a new addition in 1979/1980 . The section to the south edge of the bank was erected sometime in 1980 . 10 . The City Engineer, Glenn Cook, in a report dated November 17, 1981, states in review of the plan and profile sheets on the Minnetonka Highland Estates that the storm . sewer line appears to be adequately designed for the anticipated drainage area. Possible changes in grading once development began may have caused excessive use and ponding problems for the catch basin to the southeast corner of the property. 11. The Planner in his_ memo dated November 19 , 1981, notes that a combined staff opinion confirms that the storm sewer . system is adequate but that this does not insure that 100� of • the largest floods can be or should be accommodated. 12. The applicant has adv�ised that his engineer, Alan D. Gray, P.E. , in review of those same design plans would agree that the storm sewer is adequately designed, except that the � catch basin may not be large enough. Applicant submitted in support of his Application a report dated October 14 , 1981, from such engineer, which report stated in part: The purpose for the hard cover restriction is to allow the opportunity for storm water to sheet drain across turfed areas to reach the lake. This system tends to reduce sedi- ment loads and improve the quality of water entering the lake. It also allows more infiltration into the ground, thus increasing the addition of water to the lake through the ground water system. The relative importance of the area covered'by the flume you have constructed :to the system described above is mini.mal. Where storm water flows toward the lake across steep slopes, infiltration is minimal and the tendency is for the production of sediment. Even the runoff from your own yard and roof areas can upset the delicate balance of a slope as steep as the one that exists behind your home: • - . -3- , � • , � . ,. , • � d Cit� o� 0-1�ON0 RESOLUTION OF THE CITY COUNCIL � NO. 1458 � • � • • In my opinion, the flume you have constructed should b� allowed to remain with some improvements to reduce the opportunities for water to flow around it and to improve its aesthetic qualities. 13 . The City finds the flume to be irieffective in combating the drainage and erosion problems of the steep lake- shore banks. The paved trough permits sediment laden runoff to run down the bank at a great velocity eroding the natural ground cover between the flume and the lakeshore rather than permitting the drainage to fan or disperse at the top of the bank and run over natural ground cover. 14.. During the review process, the applicant was advised of other more environmentaly acceptable measures that could be employed to remedy the existing erosion and drainage � problems on his property as follows : �� a) fill and regrade affected portions of driveway so to raise the level of driveway so that manhole in 'street is lower. � b) redirect roof drainage - specifically the down spout that drains out to driveway. This may not be necessary if regrading the driveway will now direct the drainage away from the lakeshore banks. c) installation of ground cover over the entire disturbed area at the top of the lakeshore banks to assist in filtering the sediment and decrease velocity of flow. 15. To approve a conditional use permit for the flume would require that the City approve the following variances and or amend sections of the Orono Zoning Code arid Communitv Management Plan: a) variance to section 34. 201 for construction of a structure within 75 ' of the lakeshore. b) variance to section 34. 202 violation of hardcover regulations. • c) variance to section 31 . 831 for erection of a structure within 75 ' of the shoreline. ' -4- ' :� . • f • .� � � C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL .. � NO. 1458 • • � • • � • d) conflict with the intent of Section 31.801 regarding coordinated planning of drainage structures. � e) conflict witYi the intent of Section 31. 908 (e) by construction of a structure that increases the . velocity �of storm water discharge and carries foreign materials directly into the lake. f) conflict with the environmental policies of the Community Management Plan specifically sections that deal with the quality, velocity and means that surface water enter Lake Minnetonka. 16 . The applicant has not demonstrated sufficient hardships except to ask that a structure, in complete violation of the City ' s codes, be allowed to remain that only magnifies the negative effects • of the drainage and erosion problems on the property. However, the City realizes that removal of said structure would be an extensive and costly project, and would cause additional disruption to the lakeshore bank. 17. The use of the flume to solve lakeshore drainage and erosion problems is in complete conflict with the intent and standards of the LR-1B Lakeshore Residential Zoning District. 18 . The use of a flume to solve lakeshore drainage and erosion problems is in complete conflict with the en- vionmental policies of the Comprehensive Management Plan. 19. The proposed and continued use of the flume would be considered detrimental to the public health and welfare ans� set an adverse g1-eCe�.ent. FURTHERMORE, BE IT RESOLVED that based upon the fore- going findings the City Council approves a conditional use permit for Richard Speeter for the retaining wall and proposed . grading and filling on Lot 2, Block 2, Minnetonka Highlands Estates subject to the following conditions: , • . , . ' =5- . � . � . , � � :.,: � � � C�t� o� ORO1�T0 � '�'; " � RESOLUTION OF THE CITY COUNCIL :�..:�;� � NO. 1458 ._ � � � � - � .. �t:. . ' . 1. The �following improvements are to be completed � by May;31,. 1983. , . . • . , . � , � �� . . .. � � -' , ' , . . a) the entire���flume structure must be buried according to the method setforth in_ the City Engineer '�s report dated February 16, 1983. The Orono staff must inspect the sub- structure prior to fill. _. __ _ __. - - - _ _._ b) the� sodding of ent�ire disturbed area at the top _ � of the lakeshore banks• 2. Installation of access stairs as described in _ applicants addendum letter dated September 28,._ 1982. � � "steps eonstructed of �untreated timbers . . . . . spaced approximately 2' � � 3' apart . ... . , .no hardcover fill in • between the steps. " � 3. If the applicant intends to further correct the drainage problem on his property, a landscape and or grading plan must be submitted for staff review. Such improvements will be authorized by this Conditional Use Permit arid.guided`�by the intent of the environmental standards of the Orono Zoning Code and Comprehensive Management Plan and staff recommendations as setforth in item 14-`of this resolution. Adopted by the City Council of t'he Gity of Orono, Minnesota, �at a regular meeting held ��bruary 28 , 1983 . � ��ary C. t1er, Mayor - „ Thomas Frahm, Acting Mayor ����,�iG�l ..�,//��� � Alberta M. Strom, City Clerk , _ � • ' . -6- �� • :r� . -♦ �.'v. .� � .• � � d C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL � ' NO. 1458 �� � • � • • I have read and understood the above findings and resolution. I do not agree with or-endorse -certain of the findirigs- contained herein. However, I agree to comply with the above resolution, and that said resolution shall be b ' n myself, successors and assigns, and that the use o he above described property may be so regulated by the Cit of Oron . < R' ha� d peet STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me this /d day • of January, 1983, by Richard H. Speeter. ;� .:�.�� MARY S.WOYTCKE '': ,!� � NOTARY PlJBLiC-MINNESOTA FL�t♦�� HENNEPIN COUNTY � NOTARY BLIC b �A�i^ Mp Cpnmtulon EXpir�s ri�v.19.1987 s . =�-