HomeMy WebLinkAboutResolution 4458 :.
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��6. - . CITY of ORONO
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�'� G'ti RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION APPROVING �
AN AFTER-THE-FACT CONDITIONAL USE PERMIT
PER MUNICIPAL CODE SECTION 10.03, SUBDIVISION 21
AND APPROVING AFTER-THE-FACT VARIANCES TO
. MUNICIPAL CODE SECTION 10.22, SUBDIVISION 2,
SECTION 10.55, SUBDIVISION 8 AND SECTION 10.56,
SUBDIVISION 16 (L) FOR PROPERTY LOCATED AT
2523 KELLY AVENUE
FILE #2540
WI�REAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WI�REAS, DRK Family Associates L.L.C. is the owner of the property located
� at 2523 Kelly Avenue within the City of Orono (hereinafter "the City") and legally described as �
follows:
Tract D, Registered Land Survey No. 1428, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, a previous property owners had applied to the City of Orono for an
after-the-fact conditional use pernut and variances to permit work within the 75' lakeshore setback
area including the construction of a retaining wall and land alteration, requiring the following
approvals:
1. Conditional use permit for land alteration and construction of a retaining wall per
Section 10.03, Subdivision 21 and Section 10.56, Subdivision 16 (C) (5). ,
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2. Variances for land alterations within 75' of the shoreline of Lake Minnetonka per
Sections 10.22, Subdivision2; 10.55, Subdivision 8; and 10.56, Subdivision 16(J).
3. Variance for hardcover within 75' of the shoreline where no hardcover is normally
allowed per Sections 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56,
Subdivision 16(L); and
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RESOLUTION OF THE CITY COUNCIL
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REAS, the property has been sold into new ownership on Apri124, 2000 and
. the existing property owner has requested to record the approval for the properry of an after the
fact conditional use permit and after the fact variances; and
WHEREAS, after due published and mailed notice in accordance with Minnesota
. Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held
public hearings on November 15, 1999 and January 19, 2000 at which times all persons desiring
to be heard concerni.ng this application were given the opportunity to speak thereon; and
WHEREAS, an amended application was received on March 24, 2000 including
previous property owner's hardship statement and supporting documents; and
. WHEREAS, the City Council has reviewed the application; the recommendations
of the City staff and the Planning Commission;and the comments and written statements submitted
by the applicant.
� NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby approves the requested after-the-fact conditional use permit and variances as
described above based on one or more of the following fmdings of fact concerning this property:
FINDINGS
1. The property is located in the LR-1B, One Family Lakeshore Residential District.
2. The property contains 21,700 s.f. of land area within 75' of the shoreline where
hardcover, structures, intensive vegetation clearing, and land alteration are
prohibited by the Orono zoning code.
3. Without obtaining permits the applicant constructed a retaining wall within 75' of
the shoreline of Lake Minnetonka. After-the-fact variances and an after-the-fact
. conditional use permit must be approved before the City can issue permits for the
retaini.ng wall.
4. The boulder wall constructed on the lakeside of the property is hardcover. Section
10.02, Definition 29 defines Hardcover as "Any structure, blacktop or other
material which interferes to any degree with the direct absorption of rainfall into
• the ground."
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5. Section 10.02, Definition 69 defines Structure as "Anything, or part thereof, which
is built, constructed or erected, an edifice or building of any kind, or any piece of
work artificially built up or composed of parts joined together in some definite
• manner, which requires a location on, below, or above the ground, land, or water,
or attached to something having a location on the ground, land, or water."
6. The 1980 City of Orono Community Management Plan ("Comprehensive Plan")
contains a number of general land use and environmental protection goals and
policies with which the applicant's proposal must be consistent, including the
following:
A. Environmental Protection Plan, Urban Area Policy 2:
"Retention of natural vegetation will limit the impact of urbanization as
` visible from the lake...Minunum green belts will be provided with
prohibitions .against clearcutting or excessive thinning of vegetation.
Natural vegetation will be preserved on slopes. Retaining walls will be
discouraged except when absolutely necessary to prevent erosion, in which
case they will be screened with natural vegetation."
B. Environmental Protection Plan, General Policy 9:
"Lake shorelines will be protected from alteration. Natural vegetation
in shoreland areas will be preserved insofar as practical and reasonable in
order to retard surface runoff and soil erosion, and to utilize excess
nutrients. Clearcutting will be prohibited. In areas of soil or wave action,
natural stone rip-rap shoreline protection will be encouraged."
7. The previous property owner's submittal included an engineers report stating the
existing topography requires a retaining wall to avoid increased erosion of the
hillside which would result in sediment entering the lake. The boulder retaining
wall is necessary to avoid additional erosion concerns caused by a storm which
� damaged or destroyed a number of trees on the hillside, which trees had provided
stabilization of the slope.
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'� RESOLUTION OF THE CITY COUNCIL
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. he City Engineer reported that in his opinion the wall is necessary to stabilize the
slope. Removing the wall and regrading to the natural elevation may not prevent
erosion. A wall is necessary to minimize the risk of further erosion, and
replacement of the boulder wall with some other type of retaining wall requiring
additional excavation of the lakeshore bank likely would result in further loss of
• vegetation on the slope.
9. In order to be consistent with the Comprehensive Plan requirement for screening
as noted above, new plantings would be appropriate between the wall and the
shoreline. The relatively low (3'-4') height of the wall in relation to the wooded
lakeshore bank behind and above it, coupled with the 8' wide terrace between the
wall and the rip-rapped shoreline, will allow for the establishment of vegetation to
. adequately screen the wall in a manner that will make it significantly less visible
as viewed from the lake.
10. 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
of the after-the-fact variances to permit a retaining wall within 75 feet of the
lakeshore and the grading work associated with it is necessary to prevent further
erosion along the lakeshore, and is justified because there are no other reasonable
altemative erosion control methods; that granting of the variances would not
adversely affect traffic conditions, light, air nor pose a fire hazard or other danger
to neighboring property, and would not merely serve as a convenience to the
applicant, but is necessary to alleviate a demonstrable hardship or diff'iculty; that
granting of the variances is necessary to preserve a substantial property right of the
applicant; and would be in keeping with the spirit and intent of the Zoning Code
and Comprehensive Plan of the City.
. 11. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments by
the applicant and the effect of the proposed variance on the health, safety and
welfare of the community. �
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� •G'� RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants an after-the-fact conditional use permit for a boulder retaining wall and associated grading
of the property within 75 feet of the lakeshore, and after-the-fact variances to Municipal Zoning
' Code Section 10.22, Subdivision 2; 10.55, Subdivision 8; and 10.56, Subdivision 16(n to permit
structure and grading within 75 feet of the lakeshore, and Sections 10.22, Subdivision 2; 10.55,
Subdivision 8; and 10.56, Subdivision 16(L) to permit hardcover within 75 feet of the lakeshore
where no hardcover is normally allowed, subject to the following conditions: �
1. The only retaining walls and hardcover approved by this resolution are those shown
on the Certificate of Survey attached hereto as Exhibit A.
2. Shrubs or some other form of natural vegetation, not less than two feet in height,
are required to be planted and maintained permanently between the retaining wall
and the shoreline. Such shrubs shall be spaced six feet apart along the portion of
• the retaining wall located northwesterly from the access path(see Exhibit A). The
property owner is permitted to trim shrubs to a height matching the height of the
retaining wall. A landscaping plan shall be submitted by the properry owner and
approved by City Staff prior to such plantings.
3. The property owner shall obtain the appropriate building and land alteration
permits for the boulder wall.
4. It is the position of the Ciry Council that the boulder retaining wall and the old
foundation walls, as shown on Exhibit A, totaling 433 square feet of hardcover, are
the only hardcover that shall be pemutted within the 75 foot lakeshore setback.
Any future requests for additional hardcover will not be looked upon favorably.
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 the appropriate after-the-fact permit within one year of the date of
Council approval, or this variance will expire on that date (April 10, 2001).
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. Violation of or non-compliance with any of the terms and conditions�of this
variance and conditional use pemut shall constitute a violation of the zoning code,
shall automatically temunate any authority granted herein, and shall be punishable
as a misdemeanor.
• 7. The undersigned applicant has read, understood and hereby agree 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 properry.
Adopted by the City Council of the City of Orono on this 24th day of April, 2000.
ATTEST:
4 .� G� .
Linda S. Vee, City Clerk Gabri Jabbour, Mayor
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P op owner(s)
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 24th day of April,
2000,by Gabriel Jabbour&Linda S. Vee, Mayor&Ciry Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
� V.
' T MARY ANN JOHNSON � ��'y,,,�
�� NOTARY PUBLIC-MINNESOTA
MY Comrr�ission Expfres Jan.31,2oos � Notary i1C
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� �'� RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA ) .
) ss.
COUNTY OF HENNEPIN ) �
On this z l��-/, day of_� �R�- / . , 20 o a before me a Notary Public within
andfor saidcounry,personally appeared ,g�„ ��m�r� G- Sa�/s,Re�QeSPafs [7 R� �qm��v �sso�'�t�s�.��
known to me to be the person described m and who executed the foregoing instrumen , and
acknowledged that he executed the same as his free act and deed.
• MARY ANN JOHNSON
NOTARYPUBLIC-M1NPtESOTA NOt1Ty 1C
�+�Y�Expires Jan.31,2005
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