The URL can be used to link to this page

Home My WebLink About#2072 Recorded Resolution 3618\. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6] 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2, SECTION 10.55, SUBDIVISION 8, AND SECTION 10.56, SUBDIVISION 16 (J) AND (L), AND A CO1'1DITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 2072 WHEREAS, Graydon Newman, Jr. (hereinafter the "applicant") is owner of the property located at 1655 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as: Exhibit A attached ((hereinafter the "property"); and WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8, and Section 10. 56, Subdivision 16 (L) for the placement of hardcover in the 0-75' zone where no hardcover is normally allowed; and for a variance to Section 10.22, Subdivision 1, Section 10.55, Subdivision 8, and Section 10.56, Subdivision 16 (J) for fiiling and grading work within the 0- 75' setback zone where no grading or filling is normally allowed; and for a conditional use permit for land alterations in the 0-7 5' zone per Section 10. 03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2072. 2. The property is located in the LR-lB, Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1995 and recommended approval of the proposed variances and conditional use permit based upon the following findings: Page 1 of 7 '' CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 618 NO. _______ _ A. The existing 604 s.f. deck platform located at the shoreline encroaches into the neighboring property and is proposed to be removed, resulting in significant decrease in hardcover near the lakeshore. The net decrease in 0-75' hardcover from 14.4% to 12.5% is a positive improvement to the property. B. Applicant's dock similarly encroached the neighboring property line extended and is proposed to be moved to meet LMCD requirements, thereby creating an access point offset by approximately 30' from the existing concrete stairway which leads down the lakeshore bank and provides access to the shoreline for the applicant. C. Planning Commission finds that it is appropriate to allow a 4' walkway laterally along the shoreline to connect the new dock access point to the existing concrete stairway, thereby avoiding an additional cut into the lakeshore bank. D. The proposed addition of boulders adjacent to the existing retaining wall approximately 10-15' back from the shoreline is appropriate to provide additional support for the lakeshore bank, and the addition of 6-12" in height of rip rap at the shoreline is appropriate to protect the shoreline. The proposed 12" depth of sand between the riprap and the retaining wall has been reviewed by the City Engineer who finds it acceptable from an engineering standpoint. The majority of the sand area is proposed to be revegetated with native grasses, leaving approximately a 10'x20' area of sand exposed to provide a "beach" character. Planning Commission finds that leaving patio blocks in place underneath the sand layer may provide additional stability for the shoreline and therefore it is appropriate to leave the patio blocks in place. 4. 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 variance on the health, safety and welfare of the community. Page 2 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 18 5. 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 and conditional use permit 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, Section 10.55, Subdivision 8, and Section 10.56, Subdivision 16 (L) for the construction of a 4' wide walkway parallel to the shoreline for a distance of approximately 30' and within the 0-75' zone where no hardcover or structure is normally allowed, and a variance to Section 10.22, Subdivision 1, Section 10.55, Subdivision 8, and Section 10.56, Subdivision 16 (J) to allow filling and grading in the 0-75' lakeshore setback zone where such work normally is not allowed, and grants a conditional use permit per Section 10.03, Subdivision 19 for land alteration in the 0-75' lakeshore setback zone, subject to the following conditions: 1. The shoreline maintenance work including boulder wall improvement, riprap improvement and sand fill shall follow the plans submitted by the applicant's landscape designer. 2. The existing patio blocks shall be removed prior to placement of the sand layer. 3. The platform deck shall be removed as proposed. 4. The walkway constructed from the base of the existing concrete stairway to the new dock location shall not exceed a width of 4'. 5. Applicant is advised that hardcover in the 0-75' zone shall not exceed 12.3% per the sketch and listing attached to this resolution as Exhibit B. Applicant is advised that any future proposal to add hardcover in the 0-75' zone will likely not be approved, but might be approved only in conjunction with the removal of equivalent or greater square footages of hardcover in that zone. Page 3 of 7 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 l 8 6. 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 the special conditions of this resolution will expire on that date (October 9, 1996). 7. 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. 8. 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 to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 9th day of October, 1995. ( A.1TEST: i /; f Page 4 of 7 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 6 ]_ 8 The foregoing instrument was acknowledged before me on this 9th day of October, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City . . ,·. ·• ·-•.?~"""·:C-[INDAS'VEr··-Cc ;! . ;.\·. '•'-:. NOTARY PUBLIC:MINNESOTA I .. , ••. ' -: HENNEPIN COUNTY • ••• ;1. MY Commission Expires Jan. 31, 2000 s ) COUNTY OF HENNEPIN ) Notary Public ss. On this / cY1±/J_ day of U t.: ft; /-.;-t t··· , 199 s· , before me a Notary Public within and for said County, personally appeared (;rft;L.; d 1j i; /(, --rf:u., :,:i~ 1, i )~·-, , Si'., le c', tc ,, c r known to me to be the person(s) described in and wlio executed the foregoing dtrument, and acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , 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 5 of 7 Legal Description: EXHIBIT A Resolution No. 3618 Lot 6, Auditor's Subdivision No. 349, Hennepin County, Minnesota. (PINS No. 17-117-23 11 0002) J.l ~ v.-: '}z._'IJ e 1-t.J·'·" ,.,./( L· ,,· Approved 0-75' Hardcover Wellhouse (SW end) "Boathouse" (near dock) Stone stair (SW end) Concrete stair (near dock) Concrete walk from house (near dock) Stone and concrete walls 47 s.f. 40 s.f. 65 s.f. 96 s.f. 192 s.f. Concrete stepping stones (along shoreline) Wood walkway to dock 1,030 s.f. 1,480 s.f. (4x9) + (4x30) + (4x6) Area of 0-75' zone = 25,360 s.f. No, ,,-o SCM..E 180 s.f. 3,130 s.f. 3,130/25,360 = 12.3% Add Sand To Replace Concrete Existing Lannon Wall EXHIBITB Resolution No. 3618 i t?,-~ . .A'-.. 1 <(O -•l ()\Jt, ~ ~rw Stone Existing S p . -l STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # '3 6 l 8 I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on October 9 , , l~_s_, and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 16th -------day of ___ o_c_t_o_b_e_r __________ , 19_9_5_ , City Clerk (SEAL) 2653260 OFflCE OF THE REGISTRIUI OF TITLES HENNEPIN COUNTY. MINNESOTI C!:-,i-H IF!ED FILED ON NOV 1 4 1995 ;19-t'J-/0/1m REGISTRAR OF TITLES D __________ DEPUU,