HomeMy WebLinkAboutResolution 1487 ti L
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Clt� o� ORONO
RESOLUTION OF THE CITY COUNCIL
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NO. 1487
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',���'�i�,��`�"+?' GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL
ZONING CODE SECTION 31 . 700 AND A VARIANCE TO
MUNICIPAL ZONING CODE SECTION . 31 . 983 FILE 741
� WHEREAS, William C. Sinclair is the . owner (hereafter "owner")
of property legally described as Lots. 3 and 4 , Block 11 , Saga Hill
. � Revised (hereafter "the property") , located within the City of Orono
(hereafter "City" ) ; and
WHEREAS, the owner has applied to the City for a Conditional
Use Permit for land alteration as� required by Municipal Zoning Code
Section 31 . 700 and a variance to Municipal Zoning Code Section 31 . 983
to permit the alteration of his lakeshore bank located within 75 ' of
the shoreline of Lake Minnetonka; Section 31 . 983 does not permit
excavation of the area within 0 ' to 75 ' of the lakeshore.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota;
• FINDINGS
1 . The application was reviewed as Zoning File No. 741 . �
2 . The property is located in . the LR-1B Lakeshore Residential
Zoning District.
3 . The owner must replace an unstable section of foundation
� located in his lakeshore yard.
4 . The owner requires additional living area and at the time
the foundation is replaced, he proposes to construct a
walkout basement area providing below grade living area.
5 . The construction of a walkout at the lakeshore side of
the house will require the removal of approximately 600
cubic yards of fill and major alteration of the lakeshore
banks located within 75 ' of the lakeshore.
6 . The land alteration will be done in two stages over a
24-48 hour period of time.
7 . The first phase will deal with the excavation around
• the house and the second ,phase will involve the removal
of approximately 6 ' of the lakeshore bank. "
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� � . Clt� o� ORONO
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�F�' RESOLUTION OF THE CITY COUNCIL
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8 • The walkout will provide additional living area and the
owner will not have to construct an extensive addition
on the north side of the house creating additional�. .
hardcover.
� 9 . When completed the lakeshore bank will be at a grade that
will allow easier maintenance and decreases the potential
for erosion of lakeshore bank.
� 10. The City engineer in his report, dated 4-18-83 , finds no
significant impact on quality and quantity of runoff as
a result of the proposed construction. and land alteration.
� 11. In that same report, the City engineer finds the proposed
land altera.tion does not affect the neighboring properties .
12 . The City has received no negative comments from the surrounding
• property owners notified during the review of application No. 741 .
13 . The City Council has considered` this application including the
findings and recommendations of the Planning Commission, .reports
.. by staff and comments of the applicant and the effect of the �
proposed land alteration on the health, safety and welfare of
the community.
� 14 . The City Council finds that granting a Conditional Use Permit
to alter the lakeshore bank as proposed. 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 t.o neighboring. properties, nor will it depreciate surround-
ing property values and. that the land alteration and the manner
. in which the excavation� is to be carried out to be in keeping
with the intent and objectives of the Zoning Code and Comprehensive
Plan of the City.
15.' The City Council finds that granting a variance for the land
alteration as proposed as necessary to alleviate a demonstrable
hardship, is necessary to preserve a substantive property right
�• of the owner and would be in keeping with the spirit and intent
of the Zoning Code and Comprehensive Plan of the City.
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�`� .�, C�t� o� ORONO
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� RESOLUTION OF THE CITY COUNCIL
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�i' NO. 1487
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CONCLUSIONS , ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants
a variance to Zoning Ordinance 31 . 983 and grants a Conditional Use
Permit as required per �Zoning Ordinance 31 .700 to permit the excava-
tion of .�elakeshore bank, portions of which are located within 75
feet of the lakeshore .subject to the following conditions: �
1 . Stake:d hay bales and a fabric silt fence must be used for
� erosion control. during construction and until vegetation
� is established.
2 . Staff .must be notified prior to second phase of land alteration
(lakeshore bank excavation) in order �to assure proper erosion
contral devices have b.een installed.
3 . The boat house located on the lakeshore of the property has
been inspected by staff on� May. 10; 1983 and found to be in
� excellent condition. The structure is a non conforming
structure and subject to all pertinent municipal ordinance.
4 . No other variances are granted or permitted for this
application. • �
5 . 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. .
� 6 . The undersigned owner has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself, his
heirs, successors and. assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 23rd day of May, 1983 .
ATTEST:
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Alberta M. Strom, City Clerk
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. Mary C. B er, Mayor
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William . Sinclair
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� �� � e Clt� o� ORONO
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° " , �,` �:! RESOLUTION OF THE CITY COUNCIL
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i..+-.�, NO. 7 487
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this L � day of .'r%�'I�-� , 1983 , before me, a Notary Public
within and for said County, personally appeared �
.�:t�� Gr � known to me to be the person (s)
describe in and who executed the foregoing instrument, and acknowledged
that he (they) executed the same as his (their) free act and deed.
��
������ NOTARY PUBLIC
• � �oou� r�v Zd' /1� � .
MY COMMISSION EXPIRES
. This document is being recorded for the benefit of the City of Orono
per Minnesota �Statute 386 . 77 _
State deed tax due hereon: Exempt �
This instrument was drafted by:
City of Orono
" P.O. Box 66
Crystal Bay, MN 55323 �
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