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Home My WebLink About#1309 Resolution 2534City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2534 A RESOLUTION GRANTING AFTER -THE -FACT VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 AND AN AFTER -THE -FACT CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.031 SUBDIVISION 19 FILE #1309 WHEREAS, Gerald Nelson, (hereinafter "the applicant") is the owner of the property located at 1629 Bohn's Point Road within the City of Orono (hereinafter "City") and legally described as follows: Tract A, Registered Land Survey #565, Hennepin County, Minnesota hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono00allowapondofapproximately165s.f. constructed without the necessary permit review, located within the lakeshore protected area, and within the floor plain of Lake Minnetonka where no such alteration is allowed per Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, and in addition, seeks a conditional use permit per Section 10.03, Subdivision 19 required for the installation of a pond. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1309. 2. The property is located in the LR -1B Single Family Lakeshore Residential Zoning District requiring a minimum of 1 acre in area per residential unit. 3. The property is approximately .8 acres in area. 4. The Orono Planning Commission reviewed this application on August 15, 1988 and October 17, 1988, and recommended approval of the after - the -fact variances and conditional use permit as set forth above, based on the following findings: Page 1 of 4 I 40. J d d City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2534 A) The improvement as amended by the Planning Commission will provide the least impact on the adjacent lake and within the flood plain of Lake Minnetonka. B) The excavation of the pond has been equalized by the placement of the excavated fill within the flood plain area and has been found to have no negative impact on the f lood plain of Lake Minnetonka nor on the adjacent properties. C) The property receives the majority of run-off from the adjacent properties located within the immediate watershed. D) The installation of the pond and the drainage path constructed in the south side yard that carries run-off to the pond and eventually to the grassed lakeshore yard meets the original intent of the grading and drainage plans approved at the time of development of this property. 5. The City Council finds that the conditions existing on this pro- perty 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 demon- strable 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. 6. The City Council finds that granting a conditional use permit to allow a 165 s.f. retention pond as amended by the City 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 it 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 variances to Municipal Zoning Code Sections 10.22, Subdivision 2, and Section 10.55, Subdivision 8 and grants a conditional use permit per Section 10.03, Subdivision 19 to allow the retention pond to remain within 75' of the lakeshore and within the flood plain of Lake Minnetonka where no such excavations are allowed, subject to the following conditions: Page 2 of 4 jk111 CITY OF City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2534 1. The plastic liner underlying the entire pond excavation and the crushed rock/wood chips with underlying fabric are to remain as installed. 2. New plantings within lakeshore yard may remain as long as underlying geotechnic or filter fabric is removed. Wood pulp/chips or crushed rock may remain as long as they are installed on top of existing or natural grade. 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by applicant completing the directives set forth above within the lakeshore yard by November 15, 1988 or the special conditions of this resolution will expire on that date. 4. Violation of or non-compliance with any of the terms and condi- tions 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 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 24th day of October, 1988. Jame R. Grabek; Mayor A). Pro takty Owner(s) Page 3 of 4 City of ORONO CITY OF STATE OF MINNESOTA ss. COUNTY OF HENNEPIN On this J/ i- before me a Notary Public appeared _.-OJC-4 1. 04 RESOLUTION OF THE CITY COUNCIL NO. 2534 day of , 1980 within anZf for said county, personally 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. STATE OF MINNESOTA ss. COUNTY OF HENNEPIN tL"41- NdTARY PUBL 9-6>-a MY COMMISSION EXPIRES On this l S day TH, L NAAB MINNESOTA HENNEPIN COUNTY STATE OF MINNESOTA ss. COUNTY OF HENNEPIN tL"41- NdTARY PUBL 9-6>-a MY COMMISSION EXPIRES On this l S day of /VO(w o-2it 1980, before me a otary Publi w}}thin and for said County, personally appeared j( QL t &Y known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his their) free act and deed. 1 EqTHERESA L. NAAB NOTARY PUBLIC NOTARY PUBLIC • MINNESOTA EN B PIm upl 9.8 2 MY COMMISSION EXPIRES Page 4 of 4