HomeMy WebLinkAbout1990-02-26 Resolution 2761City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO.
2761
A RESOLUTION GRANTING
AN AFTER -THE -PACT VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.55, SUBDIVISION 8,
AND AN AFTER -THE -FACT
CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #1481
WHEREAS, Gerald T. McCourtney (hereinafter "the
applicant") is the owner of the property located at 1055 west
Ferndale Road within the City of Orono (hereinafter "City") and
legally described as follows:
Tract B, Registered Land Survey *1372, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City
of Orono for an after -the -fact variance and conditional use
permit per Municipal Zoning Code Section 10.22, Subdivision 2,
Section 10.55, Subdivision 8, and Section 10.03, Subdivision 19
for approval of grading work in 0-75' lakeshore yard where no
such grading work is normally a'_lowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. his application was reviewed as Zoning File 41481.
2. The property is located in the LP-lA Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on November 20, 1989, and recc -ended after -the -fact
approval for the proposed variance and conditional use
permit for excavation and grading in the 0-75' lakeshore
yard based upon the following findings:
A) As a result of rip-rappinq the shoreline of the
property, trucks transporting boulders to the site
damaged the lakeshore yard by creating ruts and
disturbing the existing soil and vegetation. As a
result of this damage, the applicant wrs required by
the City staff to restore and rpgrade the damaged area
to its original conditionM The applicant did this upon
completion of the rip -rapping work.
Page I of 6
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2761
As part of the rip -rapping project, the applicant
was required to maintain drainage through the rip -rap
via a draintile, which was a necessary part of a swale
system required in the 1975 subdivision approval that
created this lot. The conditions of that subdivision
approval required that a swale be maintained generally
along the west end of the property to continue drainage
towards the lake from the neighboring property from
which the lot was split off. Such a swale has always
been in place, and was required to be maintained in a
functional manner. Grading within 20' of the shoreline
was necessary to maintain proper elevations for the
discharge tile line through the rip -rap. This grading
work was not brought to the attention of City staff
until after the rip -rapping project was underway.
C) In conjunction with remodeling of the pre-e..
residence on the property, applicants construe a
basement access door at the west end of the n. ,,e.
While a review of the plans later indicated that this
door had been proposed, no grreing plan accompanied
that plan to indicate that outside grade changes would
be proposed or necessary.
In order to accommodate gravity drainage away from that
basement level doorway to the adjacent Swale area, the
swale was lowered at the west end of the house
approximately 3, in the 75-250' zone. T,t the 75'
setback line, the swale was lowered approximately 1'
from its pre-existing condition to accommodate drainage
from this doorway. As the swale headed nearer the
shoreline, the extent of grade elevation changes in the
0-75' zone decreased to a few inches.
D) The Planning Commission found that the impact of
the deepening of the swale in the 0-75' zone as
described above is minor. The grading does not
redirect drainage on the property, but maintains the
pre-existing drainage pattern which was required to be
maintained when this lot was subdivided. Furthermore,
lowering the pre-existing swale by one foot or less in
the 0-75' zone to accommodate gravity dr-inage away
from the basement access door wou: d be preferable to
requiring the applicant to crib an area near the
doorway leaving a stairwell that could cause potential
basement water problems.
Page 2 of 6
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2761
The grade changes proposed for after -the -fact
approval do not increase the rate, volume or quantities
of run-off to the lake from this property.
F) The proposed after -the -fact grade changes have no
significant visual impact as viewed from the lake, and
do not change the pre-existing character of the
shoreline.
4. 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
variance would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right o` the applicant; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
5. The City Council finds that granting an after -the -fact
conditional use permit to allow the grading work in the 0-
75' lakeshore yard wil'_ not be detrimental to the health,
safety or general welfare or the public, would not adversely
affect light, air 7osp a fire hazard or other danger to
neighboring grope- . nor will it depreciate surrounding
property values G_ -nat 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants a variance to Municipal Zoning
Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision
8, and a conditional use permit per Section 10.03, Subdivision la
for after -the -fact approval of grading in the lakeshore yard
where no grading, filling or excavating in normally allowed,
subject to the following conditions:
1. Applicant shall sod the 0-75' lakeshore yard and the
area of the swale in the 75-250' zone as soon as weather
permits in the spring of 1990.
2. During the spring run-off, applicant shall maintain
proper erosion methods to eliminate erosion and
sedimentation prior to resodding of the yard.
Page 3 of 6
City of OR,ONO
RESOLUTION OF THE CITY COUNCIL
NO.
2761
for to this resolution taking effect, the applicant
shall provide an executed drainage easement 10' in width
centered on the swale in the 0-75' and 75-250' zones, such
drainage easement reducing to a 5' width along the westerly
property boundary north to the road right-of-way.
Applicant's surveyor shall provide a legal description for
such easement.
4. Applicant or his contractor shall obtain a land
alteration permit prior to sodding of the yard. Such permit
must be obtained before a Certificate of Occupancy for the
house is issued.
5. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for a building permit
within one year of the date of Council approval, or this
resolution will expire on that date (February 26, 1991).
6. 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
misdemeanor.
5. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of himself, his heirs, successors and assigns, hereby agrees
:o the recording of this resolution in the chain of title of
the property.
Acopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on thy? 76th day of February,
1990.
VMYCd Ca I I an, Jr., Acti g Mayor
�Mc
Page 4 of 6
City of OHONO
NESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO.
2761
The foregoing instrument was acknowledged before me on
this 16th day of February, 1990, by Edward Callahan, Jr. & Dorothy
M. Hallin, Acting Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed
on behalf of the City.
TAW 'W
WoUaTA /
W wpin N`
No ary u is
My Commission Expires
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this %Z>"=- day of
before me a Notary Public within
appeared I 1. T. YYl LLr �r�A .
&Ir, I , 1990
and or said county, personally
known to me to be the person4l described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
NOTARY PUBLI
9-8'-9a
MY COMMISSION EXPIRES
Page 5 of 6
4W
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2761
STA�IIIIIIWINNESOTA )
)ss.
COUI:TY OF HENNEPIN )
On this ��p' day of , 1990 , before me a
Nota y Pt bl is w'thin an or said County, personally appeared
;� ' known to
me to be the person s V Idestribed in and who executed the
foregoin,v Instrument, an,i acknowledged that he (they) executed
the sam^ as his (their) free act and deed.
NAAB
JIM AIIV*PUBUCRSA :�MIM@MTA
HENNEPIN JN�
w,.
L�
NOTARY PUBLIC
r -- 9 a
MY COMMISSION EXPIRES
Paae 6 of C