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Home My WebLink AboutResolution 4552 \ \ '73856~3 (70k K tOff, .,r14--.....7s. calib,;: t„ � CITY of ORONO ps, I1' "' i; ISA\ 1 N,�;�i` G~j. RESOLUTION OF THE CITY COUNCIL lkESH0% NO. 4 5 A RESOLUTION GRANTING VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, SECTION 10.56, SUBDIVISION 16 (C) (5), SECTION 10.56, SUBDIVISION 16 (J) AND (L), GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 21, 1 •_' .J L.-. . AND SECTION 10.22, SUBDIVISION 2 Lo,: FILE NO. 2630 WHEREAS,Gregg J.Larsen and Stephanie B.Larsen,(hereinafter"the applicants") are the owners of the property located at 1380 Rest Point Road within the City of Orono(hereinafter "the City") and legally described as follows: Lot 6 and the Westerly 40 feet of Lot 7,Subdivision of Lot 14,Rest Point Park,Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City to permit the construction of retaining walls by the lakeshore requiring variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) and (L) to allow hardcover in the 0-75' lakeshore setback zone;and a variance to Section 10.56,Subdivision 16(C)(5)to allow replacement of retaining walls which are prohibited in the shore setback zone; a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow hardcover in the 75-250' zone in excess of the 25%that is normally allowed; 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 October 16, 2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS,the applicants requested to amend the application on October 23,2000 to withdraw the request for variances to Municipal Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L)(2) to allow hardcover in the 75-250' zone in excess of the 25% that is allowed in the 75-250' setback to permit construction of a 387 s.f. patio on the lakeside of the residence. +p� F MANe.-x z r k s r1 "_d HENNFrh s>>ii',- ,x'--r Page 1 of 6 NOV %r' 2a. IN+r U►1 MI Cko-'LA__ /O O`\ __-^: ,�. ,� CITYof ORONO � 1 e til' ,� ,v�� ,'�� RESOLUTION OF THE CITY COUNCIL \.4.4k' �� NO. 4 Ez, NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2630. 2. This property is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .33 acres or 14,500 s.f. 3. The Orono Planning Commission reviewed this application on October 16,2000 and recommended approval with specified conditions by a vote of 5 to 0. 4. The Planning Commission made the following findings of fact and recommendations in regards to the retaining wall replacement on the property: A. The property currently contains an existing deteriorating retaining wall system at the lakeshore. Replacement of the retaining wall system is necessary to prevent erosion of the lakeshore yard. B. The existing retaining walls are located within 60'of the shoreline but do not extend the full width of the property. C. The existing retaining wall system hardcover is approximately 8.5%. The proposed retaining wall will comprise approximately 8.0%hardcover in the 0-75'zone. The retaining wall system accounts for about 2/3 of the hardcover in the 0-75' zone. D. The applicants have agreed to provide a suitable planting and vegetation plan which will provide adequate screening to the new retaining wall. E. Hardcover in the 0-75' zone should not exceed 882 s.f. and no additional hardcover shall be allowed in this zone. Page 2 of 6 7/O O CITY of ORONO )11)A °4 09 RESOLUTION OF THE CITY COUNCIL 'Os i��kESH�4� NO. 4 5 s 5. The applicants have withdrawn the request for variances to permit construction of a lakeside patio from the application. The total hardcover existing within the 75-250' setback is 4,084 s.f. The total hardcover does not reflect 1,727 s.f.plastic and fabric underlay on the property. 6. 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 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. 7. The City Council finds that granting a conditional use permit to allow construction of a retaining wall system will not to 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 properties, nor will it 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. 8. 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 variances 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 Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.56, Subdivision 16(J)and(L)to allow hardcover in the 0-75'lakeshore setback zone of 882 s.f.(11.7%) where no hardcover is normally allowed; and a variance to Section 10.56, Subdivision 16(C)(5) to allow retaining walls in the shore setback zone where they are normally prohibited;and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21; and a variance per Section 10.22, Subdivision 2. Approval is subject to the following conditions: Page 3 of 6 CITY of ORONO IL �, I y$,� i �'n C,'`\ RESOLUTION OF THE CITY COUNCIL .49 • �'/' N O. 4 z \kESHO� 1. Shrubs or some other form of natural vegetation, not less than two feet in height, shall be planted and maintained permanently between the retaining wall and the shoreline. A landscaping plan shall be submitted by the property owner and approved by City Staff prior to such plantings. 2. Council approval is based on the site plan attached to this resolution as Exhibit A which depicts approved locations for retaining wall replacement within the 0-75' lakeshore setback any amendments to the site plan may require further Planning Commission and City Council review. 3. The property owner shall obtain the appropriate building and land alteration permits for the retaining wall prior to construction. 4. Applicants are advised that the City will not look favorably on future additions to hardcover in the 0-75' and 75-250' zones. 5. Authorities granted by these variances 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 these variances will expire on that date (October 23, 2001). 6. Violation of or non-compliance with any of the terms and conditions of these variances and conditional use permit 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 agree to the recording of this resolution in the Chain of Title of the property. Page 4 of 6 . ' . /-* 04i. (OO _:^,: tip- CITY of ORONO 1�A, �'1'.4 ii^f G~/ RESOLUTION OF THE CITY COUNCIL �9 4�'/' NO. - '_ �kESH� Adapted by the City Council of the City of Orono, Minnesota at a regular meeting held on 23r 0s` ''•ctober, 2000. le 'Ot ,,,-� ..,p toil * * �a t t-tt. .y ..% t,-,g. ' ;,-„--ir.,..) ..... ,,4:.4;1,1i7c tie."' :.014:':‘: ../1-.C/' 0. e,d t �Clerk Gab 'el Jabbour, May 15,'1... o/,' zt O.:- ? a ,j71.‘c,tvt-t__p,_ Lot,y sr_. ,„., or - , ::.., 4 ,,p4t•ro•- r• 0 r(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of October, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. '/7777P Notary Pu lic "i, MARY ANN JOHNSON \. `!. - NOTARY/�PUBCUCCy.-�M MINNESOTA \� *‘',7•;-,.` *VM'NmIY�1 Expires Jan.31,AIW \, Page 5 of 6 • 0,111\ • OCITY of ORONO �^1�1 G~ RESOLUTION OF THE CITY COUNCIL .064 \ kES14j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this :21// ii day of ()e- , 2000,before me a Notary Public within and for said County, personally appeared t-7, 1),t a n; 1-R rz S(v o?, f K ,='et/ 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. DIARY ANN JOHNSON • rl+ NOTARY PUBUC-MNNESOTA /�J ) /" Mp ComnJ.Jon Expires Jen.31.2005 \ /� �(��Ltt� 44,� Notary Publ c STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 2000, before me a Notary Public within and for said County, personally appeared 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. Notary Public Page 6 of 6 ! , C") cs ` W 1^ . 1.11 C- ." jr11111116 \ C7 \ c'D W \Ct...... W W W I-1- U- LLL > v� W O LrCj