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Home My WebLink About#1838 Recorded Resolution 3298CITY of ORONO RESOLUTION OF THE CITY COUNCIL No.3 2 Pl R A RESOLUTION GRANTING A VARIANCE PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 19 AND A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1838 WHEREAS, Robert H. Owens (hereinafter the "applicant") is the owner of the property located at 1700 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as: Exhibit "A", attached (hereinafter "property"); and WHEREAS, the applicant has applied for a conditional use pennit per Municipal Zoning Code Section 10.03, Subdivision 19 for land alterations in excess of 100 cubic yards and for the installation of retaining walls not to exceed a 4' height to be installed within the lakeshore protected area where no such alterations or structures are allowed per Section 10.55, Subdivision 8. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1838. 2. The property is located in the LR-lB Lakeshore Residential Zoning District requiring one acre in area . 3. The Orono Planning Commission reviewed this application -on June 21, 1993 and recommended approval of the proposed variance to Section 10.55, Subdivision 8 and per Zoning Code Section 10.03, Subdivision 19 recommended approval of a conditional use permit for land alterations and the installation of retaining walls within the lakeshore protected area ba sed on the following findings : Pag e 1 o f 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 32 0:0 NO. i:..:1 O a. The existing lakeshore bank has sustained severe damage and may result in the complete collapse of the bank. b. Repairs of the steep bank completed in 1987 have failed. c. The plan provides for the installation of 3-1 sloped banks adjacent to the tiered walls section allowing for easy maintenance and to facilitate restoration of ground cover. d. Hardcover within the 0-75' setback area exists at 804 s.f. or 7.4% and is now proposed at 888.6 s.f. or 8.2%. 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 of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The Council finds that granting a conditional use permit to allow the installation of retaining walls and the necessary land alterations within the lakeshore yard will not 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 its use 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and per Section 10.03, Subdivision 19 grants a conditional use permit to permit grading improvements and the installation of two tiers of Allan Block retaining walls within the lakeshore protected area where no such encroachment is allowed and per plans by GME Consultants, Inc., Project No. 3766-A, Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3,20,-. NO. ~ c:: (:~ dated June 1993 subject to the following conditions: 1. Erosion control to be maintained on property before any land alterations commence and to be maintained until ground cover is restored. 2. Upon application for a buiiding permit, applicant shall provide a landscape schedule for plantings that will provide a buffer for block walls to minimize impact upon the lakeshore view. Applicant shall plant vines adjacent to foundation of concrete block patio at bluff of lakeshore bank. The existing planter box at the bluff of the bank shall be removed as a result of the installation of these retaining walls. 3. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council approval or this variance/conditional use permit will expire on that date (June 28, 1994). 4. Violation of or non-compliance with any of the te1ms 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. 5. 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 property. Adopted by the Orono City Council on this 28th day of June, 1993. I .)/ / )-~ :'I .... ,,_,.'...--;•'./ Page 3 of 5 CITY of ORONO RESOLUTION o3 'QI~; 9~TY ~UNCIL NO. ______ _ STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 28th day of June, 1993, 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. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ,-· . J) ) . l ... · ··. (.0NiA.L ,;b /~-v---c,._ Notari Public 1 . O~t~s J) ~-dayof ~@rnl'-<-rv , 199_3 ,_beforemeaNotaryPublic _ within and for said County, personally appeared j', 'l /t/.f' 'll.:J--c./-f d k<'-1!. . .c&fl/l?fl _.....:h 1 ,✓,_ 1:/rz:1 c,{, known to me to be the person(s) described in and who executed the foreg ;, g instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE NOTARY PUBLIC -MINNESOTA ' . HENNEPIN COUNTY 1"~ My comrT,issi0n expires 8-12-96 L~~~~--.,___,,,_ f:f otary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , befC!~e 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 4 of 5 1-rj PJ 'ft) lJl ~ -i:' ';~ 'z: •·,::'~/;::_:·,-: ........ , ·. ~ . ' .. , .. ,,. ., ... ·· ThDt port or Lot Three (3), In "Audltor's Subdlvlnlon No. 349, Hennepln Coun'>,', Minnesota" ~cMbed a• follow•: Commencing at the point of lnteNJectlon or tho Southcl!lltcrly llno or Lot 11 In oald Auditor's Subdlvlalon No. 349 and tho dividing line between Lots 3 and 4 In -.Id aubdlvlaloo; thence Southea!lterly along the dlvldlng line between sald Lots 3 and 4 a dlst:nnce or 114.05 rect to U-.0 angle polnt In said dividing tine, said point being the actual point or beginning or the troct or land tn be described; thence Sout.h(irly along the dividing line between itald Lots 3 and 4 a dlatence or 130 feet; thence EAJ!t denectlng to the left at an angle or 90 degN?ns 14 minutes to the shore of La!<e Minnetonka; thmce 'Northerly alcng shore or itald lake 160 reet more or leu to the dividing line be- tween Lots 2 ond 3 In sald subdlvlslon; thence Westerly along the dividing llne,between said Lots 2 and 3 to the angle point In last aald dividing line; thence .. contlnulng Weotcrly ln o etralght lino to tho actual point or beglmlng; except t1ie Westerly 20 r .. t thereor. aald :20 feet being mmeured at rtght anglN to the '' d lvldlng Uno between Mld Loto 3 and 4; according to the plot thoNlor on file or or record In th• ol'1'1c• or the ~l•t,-.r or Tltlu In end tor nld Hennepin County. • ·,· · Together with an easement ror road purposes over that part or sold Lot 3 lying Westerly or the Wester\y line of' the premises herelrebove first described and Northe=terly of I\ line described as followo, Beginning at Initial point or con-v-nencemont of the. trect or land herelnabove d0acrlbed; thence Southeaater\y along the dlvldl1:1g 1 lne between said Lots 3 and 4, 114 .85 reot to tho angle polnt ln 1tt1-ld dividing llne; thence continuing Southeasterly on an ex~lon ot said dlvtdlng line to the Westerly line or the tract or land heN?IJlabove described and ther-e \~rmlnatlng, as shown In Deed Doc. No. 316824, Files or ~lstrar or Tltle.!t. Together with an oaneme;,t for right or way for driveway purpoecs over that part or the Westerly 20 reet or uld Lot Three (3), lying Norhrly or the South line of the premlece hcre\nabove first described and Southerly or the line dravm 11cross said Lot Three (3) from the angle point In the dividing line between Lot11 Three (3) 11nd Four (4) to the angle point In the dividing line between Lots Two (2) and Three (3) In aald "Audltor'e Subdivision Number 349• Hennepin County, Minnesota", sl\ld described 20 foct right or way being 20 reet wide as<mea.sured at a Ms;,ht angle to the dividing line between aa\d Lots Three (3), nnd Four (<1), ns shown In Deed Doc. No. 316624, Flies or Reglstrnr or Tltle,i. 0 ·--··--•·--•-----·--·--··-··--·-•-·----·--·--H, lJl ·•!,·;· ,/,\}t' :"':,·-,::.-,,):,:". ••. .,. I .. ••• ·,·· ,I' ,·••:· ;',1•. ~ ~- M ({) ·c·1 ,,OJ -~ ~ ~ :i; ·= r . . STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION# ,-~ .~-, ' ' / I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore-going 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 June 28 , 19 93 and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 30th , day of June , 19 93 ---- (SEAL) 2431.402 / <'tG!S f EREO VOL ;;..,,t.) Pl,Gf &t.J.,-,U, OFFI CE OF THE R!'.G ISTRAR OF TITLES ~ HENNEPIN COU NTY, MINN ESOTA CERTIFIED FILED ON OCT 1 4 IS93 q ti\ ~~A.-1CwrA- REG1sTRAR OF TITLES BY ------DEPUTY . "dvo ~ .) Sv.,h c.e S f DP tffrs: -C,