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Home My WebLink AboutResolution 4362 r � . / 7 O� � O O ��e - CITY of ORONO � � ,� G'�F . RESOLUTION OF THE CITY COUNCIL �9kESH.�4��' , . NO. � � � � A RESOLUTION AUTHORIZL�IG THE CITY ATTORNEY TO COMI��NCE LITIGATION TO RESTORE VEGETATION AND FILE A RESTORATION AGREEMENT AGAINST PROPERTY LOCATED � AT 2490 OLD BEACFI ROAD FILE NO. 2492 WHEREAS, Rick Luzaich and Gail Luzaich (hereinafter the "applicants") are owners of a property located at 2490 Old Beach Road within the City of Orono (hereinafter "City"); 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 public hearings on May 17, 1999 and June 21, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and • WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit a retaining wall to stabilize a stairway located on a steep slope for the purposes of lake access within the 0-75' lakeshore setback to allow 210 s.f. (1.5%) hardcover where 60 s.f. (0.5%) exists and none (0%) is allowed; and WHEREAS, the applicant has applied to the City for a conditional use permit to Municipal Zoning Code Section 10.03, Subdivision 19 to allow grading and construction of a retaining wall within 75' of the Ordinary High Water Level (OHWL) of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota that the City hereby initiates litigation against the property described above based the following findings: � . FINDINGS 1. This application was reviewed as Zonina File #2492. � Page 1 of 5 � , �_ /� �1V' • � � ��. - CITY of ORONO � � �� G'�� RESOLUTION OF THE CITY COUNCIL ��kESH.04�' NO. � �' � � . 2. The Comprehensive Plan addresses the issue of maintaining a natural appeazance along lakeshore properties. The Plan states minimum green belts will be provided with prohibitations 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. . 3. The City of Orono Staff was notified extensive tree removal had occuned on the � property without obtaining a permit, and a stop work order was issued to the property owners. � 4. A total of approximately 17 trees of greater than 6" in diameter had been removed from the properry within the 75' lakeshore setback area and on a steep slope. The Orono Zoning Code states no live tree within 75 feet of the shoreline with a diameter of six inches or more shall be removed without first obtaining a permit from the City. � Such permits shall be issued by the City staff provided that at least a like number of � replacement trees of a size and nature found acceptable to the staff are planted, any question involving the number of trees to be replaced will require approval. •5. Intensive vegetation clearing within 75 feet of the shoreline and on steep slopes within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and trees less than 6 inches in diameter and cutting,pruning and trimming of trees of any size is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of permitted stairways and landings,picnic areas,access paths,beach and watercraft access areas,and permitted lock boxes,provided that the screening of structures, vehicles or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced. 6. The property was clearcut leaving no natural appearance to the shoreland area and it is the position of the Council the conditions on the property resulted in the visual appearance of the property had been more than substantially reduced. 7. The City of Orono retained Peter Bedker, PhD., a consulting forester, to review the property and recommend parameters for restoration of the site. His recommendations were: • Page 2 of 5 t • / � O� � O O ��e. - C ITY of ORONO � � � . �� G'ti� . RESOLUTION OF THE CITY COUNCIL �`�kEsHO4� rvo. � 3 6 2 . A. The value of the trees removed is estimated at $48,100 using standardized appraisal methods. B. 29 trees of 2-inch caliper (maples and li.ndens with a few red oaks) on a 25' average spacing would replace the 14,450 s.f. lost canopy in a period of 20- 25 years. Spacing should be staggered to provide a natural appearance. C. Larger trees could be placed at the top of the slope to soften and obscure the roofline of the existing residence as viewed from the lake. D. The majority of the existing stumps and root systems should remain in place to stabilize the slope. E. Planting with the slopes must be done in a manner to avoid soil disturbance. • 8. A small amount of grading will occur at the base of the stairway to stabilize the retaining walls and stairway. 9. Stairways are permitted within the shore setback zone to allow easier access to the ' lakeshore along steep slopes and bluffs. The proposed stairway as shown in the plan is 5 feet in width, however the maximum width allowed by code is 4 feet. No hardship has been demonstrated that would allow a stairway to exceed 4 feet in width. 10. The properry owners have refused to enter into a Restoration Agreement with the City that will ensure successful vegetation restoration to the property and protect the slope from erosion. The City of Orono has requested inspection of the property for a series of six years to monitor the restoration. 11. The Zoning Code does not permit vegetation removal from areas defined as steep slopes. Section 10.56, Subdivision 3 defines steep slopes as lands having average slopes of 12% or greater as measured over horizontal distances of 50' or more, that are not bluffs. The top of slope is measured at a point approximately 145' from the lakeshore. All trees removed are within the part of the slope that are prohibited by the Shoreland Ordinance Section 10.56, Subdivision 16 (I) (2). • Page 3 of 5 7 . �- � O� � O O ��b. - CITY of ORONO a � �,� G'�� . RESOLUTION OF THE CITY COUNCIL ��kEsII�4�' NO. � � � � . 12. The restoration plan submitted by the applicant is not approved due to the restoration plan submitted does not indicate trees being planted on the interior of the property, as the survey shows by the location of the stumps that remain. 13. A Restoration Agreement would ensure a successful restoration of the subject property. 14. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by City staff, comments by � the applicants and the effect of the proposed variance on the health, safery and welfare of the community. 15. The City of Orono intends to enter into a Restoration Agreement including, but not limited to the following conditions: • A. Property owners and City of Orono enter into a Restoration Agreement as drafted by the City Attorney and agreed to by the property owners allowing Staff to enter the property and conduct an initial inspection following restoration planting and additional annual inspections for six consecutive � years following restoration. The purpose of the site inspections is to ensure a successful restoration program and ensure the bluff is not subject to any erosion problems. B. The Agreement shall continue with the property upon any future sale while subject to the Restoration Agreement. C. The Restoration of the property shall substantially conform to the types and location of trees prior to removal by the property owners, and assume the 25 year canopy cover as specified by Peter Bedker, PhD. Consulting Forester. � Page 4 of 5 / /� �11�' • � � � ��b - CITY of ORONO � � ,� G'�� . RESOLUTION OF THE CITY COUNCIL ��kESH�4ti�' NO. � � � � Adopted by the Orono City Council on this llth day of October, 1999. ATTEST: � (/i�_ inda S. Vee, City Clerk Charles K ey, Act' g Mayor STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) . The foregoing instrument was acknowledged before me on this l lth day of October, � 1999, by Charles Kelley and Linda S. Vee, Acting Mayor and Ciry Clerk of the City of Orono, � a 1Vlinnesota municipal corporation and said instrumerit was executed on behalf of the City. _ ��'�� .,�� -� ..�J ��`�� Nota Public _n�°°°• CAROLE A.HASEMAN rY ` ��' NOTARY PUBLIC-MINNESOTA a . � :,_a� 4� ��*�;. HENNEPIN COUNTY My Commission Expires Jsn.31,2000 .e., • Page 5 of 5