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Home My WebLink About#04-3012 Recorded Resolution 5195,,t CITY of ORONO RESOLUTION OF THE CITY COUNCIL li 9 5 NO. ______ _ A RESOLUTION GRANTING CONDITIONAL USE PERMITS PER MUNICIPAL ZONING CODE SECTIONS 78-1114 SUBDIVISION 2, 78-1117 AND 78-1366 AND VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-282, 78-1112, AND 78-1288, AND DENYING AV ARIAN CE TO MUNICIPAL ZONING CODE SECTION 78-1279 SUBDIVISION B FILE NO. 04-3012 WHEREAS, Roger D. O'Shauglmessey, a single person (hereinafter "the applicant") is the owner of the prope1iy located at 1265 Brackett's Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Attached as Exhibit A (hereinafter the "prope1iy"); and WHEREAS, the applicant has made application to the City of Orono for a conditional use pe1mit per Orono Municipal Zoning Code Section 78-1114 Subdivision 2 and a variance per Orono Municipal Zoning Code Section 78-1112 to allow grading and filling within the flood fringe; and WHEREAS, the applicant has made application to the City of Orono for a conditional use pennit per Orono Municipal Zoning Code Section 78-1366 to allow chimney heights in excess of 30'; and WHEREAS, the applicant has made application to the City of Orono for a variance per Orono Municipal Zoning Code Sections 78-282 and 78-1288 to allow hardcover within the 0-75' setback from the OHWL; and WHEREAS, the applicant has made application to the City of Orono for a variance per Orono Municipal Zoning Code Section 78-1279 Subdivision B to allow a fence within the lake yard; and NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Metro Lega \ Services \nc. Box 49 1 Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 195 FINDINGS 1. This application was reviewed as Zoning File #04-3012. 2. The property is located in the LR-lA, Single Family Lakeshore Residential District, which requires a minimum lot area of 2 acres and minimum lot width of 200'. The area of the property is 3.3 acres (144,491 s.f.) and defined lot width is 650'+. 3. The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of a hardcover variance within the 0- 75' setback zone of 438 s.f. for a boardwalk and landing, a conditional use · permit for chimney heights in excess of 30'; and a conditional use permit and variance for grading, fill and a retaining wall located within the flood fringe based on the following findings: a. The applicant will conduct grading and filling below 931.5 MSL within the flood fringe, consisting of constrnction of a retaining wall, excavation and mitigation as depicted on Exhibit B approved by the City Engineer. b. The applicant will comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District Rule C pe1mit # 04-210 regarding floodplain filling and mitigation. c. The applicant will comply with Municipal Zoning Code Section 78-1117, standards for floodway and flood fringe conditional uses. d. The applicant has proposed an environmentally friendly native floodplain shoreline area as opposed to the existing maintained lawn extending to the lake. e. The chimneys at a height of 40' 8" will have no negative visual impacts within the neighborhood and as an architectural feature will not be out of character within the neighborhood. 4. The Planning Commission reviewed the application at a public hearing held on May 17, 2004 and recommended denial of the fence request within 75' of the OHWL based on the following findings: Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 1 9 ~ a. The applicant's request for a lake setback variance for a fence within 75' of the OHWL should be denied as there is no hardship to support the variance. 5. The City Council has considered this application including the findings and recommendation of the Plam1ing Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 property; 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies variances to Orono Municipal Zoning Code Section 78-1279 Subdivision B, for a fence, and hereby grants a variance per Orono Municipal Zoning Code Sections 78-282 and 78-1288 for a wooden boardwalk and deck within 75' of the OHWL of Lake Minnetonka, and a variance to Orono Municipal Zoning Code Sections 78-1112, to allow grading and filling below 931.5' MSL, and a conditional use permit per 78-1114 Subdivision 2 for grading and filling below 931.5' MSL and a conditional use pennit per Municipal Zoning Code Section 78- 1366 for the construction of chimneys up to 40'8" in height, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and am1otated by City staff, attached to this Resolution as Exhibits B and C. Any amendments to the site plan which are not in conformity with City codes will require further Plam1ing Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above 438 s.f. or 0.09%. Hardcover in the 75-250' zone shall be limited to 23,855 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concunent reduction in existing hardcover. Page 3 of 6 CITY of ORONO RESOLUTION OF T~E CITY""'COUNCIL NO. . l 9 5 3. The applicant shall conduct grading and filling below 931.5 MSL within the flood fringe, consisting of construction of a retaining wall, excavation and mitigation as depicted on Exhibit B approved by the City Engineer. 4. The applicant shall comply with the recommendations of the City Engineer and the Milmehaha Creek Watershed District Rule C permit # 04-210 regarding floodplain filling and mitigation. 5. The applicant shall comply with Municipal Zoning Code Section 78-1117, standards for floodway and flood fringe conditional uses. 6. The applicant shall complete the floodplain restoration project and install all native floodplain vegetation prior to construction of the boardwalk. 7. If at any time the native floodplain vegetation becomes a mowed lawn the applicant must remove the boardwalk in its entirety. 8. The boardwalk is limited to a 4' in width and 30" or less in height and a 177 s.f. landing. No railing is allowed. 9. The chimney heights shall not exceed 40' 8" in height. 10. Authorities granted by this resolution nm with the property not with the applicant, but are permissive only and must be exercised by obtaining a bµilding permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 14, 2005). 11. Violation of or non-compliance with any of the tem1s 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. 12. The undersigned applicant has read, understood and hereby agrees to the tenns of this resolution and on behalf of the applicant and the applicant's 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 the 14th day of June, 2004. Page 4 of 6 '.,, STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF TH &CiTD ·iOUNCIL NO. Barbara A Peterson, The foregoing instmment was acknowledged before me on this 14 th day of June, 2004 by Barbara A Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. !)"i'3'?£!2: J!E!UHHlll7112~22 1 -~ /~ RACHEL DODGE ,j , i ·. ) NOT ARY PUBLIC-Mlt JNE'3OTA ,, 1 l\.'iy Commi ss io n Expires Ja 1. 3 I, 20 'i 1 -:. ~--• "'• 1<> >:::>,e~ •-..a:::: o.X ~-- STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this ~ay of ~-1\R.-, 2004 by Linda S . Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Pa ge 5 of 6 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 ll. 91 This instrument wa~ acknowledged before me this l~ay of l t, P 1 J , 2004 by Roger D. O'ShaughnessSr, a single person. ~ JODY A. WERNER Notary Public Minnesota My Commissmn Expires January 31, 2005 Page 6 of 6 GXH I e,1T A · lEG~l DESCRIPTION OF PREMISES : (from City of Orono records) A tract of land comprised of part of lot 10 and part of the a cc r e t i on s o f lo t s 9 and 1 0 a I I i n Re a r r a n g eme n t o f Or on o Point, which land is particularly described as beginning at a po i n t on t h e No r t h I i n e o f Gov e r nme n t lo t 3 , Sec t i on 1 1 , Township 117, Range 23, distant 431 .8 feet East of the West Quarter corner of said Section 11; thence East along said North line to its intersection with the extension of the we s t e r I y I i n e o f lo t 3 i n Re a r r a n g eme n t · o f Or o no Po i n t ; thence southeasterly along the extension of the westerly line of said Lot 3 to an intersection with a line drawn para 11 e I to and 20 feet wester I y, measured at. right ang I es, f r cm t he we s t e r I y I i n e o f Lo t 1 i n Re a r r an g eme n t o f Or on o Po'int; thence southwesterly along said parallel line and its extension to an intersection with a line drawn parallel to an 20 feet westerly, measured at right angles, frcm the extension of the wester I y Ii ne of Lot 3, in Rearrangement of Orono Point; thence southeasterly along said last described para I lei I ine to a point thereon 583.95 feet northwesterly frcm the northwesterly corner of Lot 5 in Rearrangement of 0 r on o Po i n t , a s me a s u r e d a I on g s a i d pa r a I I e I I i n e and i t s extension; thence southerly and southwesterly along a tangential curve to the right with a radius of 221.17 feet, a distance of 169.38 feet; thence southwesterly along a line tangent to said iast described curve a distance of 5 feet; thence southwesterly along a tangential curve to the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly along a line tangent to said last described curve a distance of 107.3 feet; thence westerly, deflecting to the right 44 degrees 42 mi nu ·t es , a d i s t an c e o f 7 9 . 3 f e e t , mo r e o r I es s , to t he sh o r e o f Lake Minnetonka; thence northerly along said shore to its intersection with a·line drawn south, parallel to the extension of the West line of said Section 11 from the point of beginning; thence north along said last described para I lei I ine to the point of beginning, according to the recorded plat thereof. The bounder i es of which are marked by Judi c i a I landmarks set purusant to Torrns Case No. 13819, as shown by the plat of survey on file in the Office of the· Registrar of Titles as Doc. No. 560982. -------------------------------... ·"' \ I \ \ \ \ \ \ \ \ \ \ \ i \ -----.... ..... \ \ u r' ! I } \ ,,.,· \ __ _,,,. \ ..... --\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I L,. .. -/ ~7 '\ i \ \ 0 ..,; .., \ i 1191 --------·-··-··-··-··-··-··- -··-··-':· ... ·--·--··-··-··-·· -------·· \ -♦-----··-··-··-··-·· .. -•·-··-·· .. --·-.. -.. -··-··-·•-"-··-"- ---·· .. -•·- I I I I I i I I { I I / f I I \ \ \ I I i \ ', I I I \ i i I \ I \ \ l \ \ I I \ \ \ \ \ \ I \ i \ I \ \ \ i \ 5191 .JI .J .J ... .. .. ... ::_; ~,., I. I -4023165 J./,, ~~ ~-1 t-'J N Q ~ 1109 33 , OFFICE OF THE REGISTRAR OF TITL ES ll.,-c__ HENNEPIN COU NTY, MINN ESOT/-\ CERT IFIED FILED ON SEP 3 0 2004 /]/1/J,;, J. -/;',,.,://1 3p ~ / ~ ~Yf,-Q.t/.14-<;5,q y ~ '{fF TITLE S · DEPUTY {Co - L{--s;_Q~ ... ~· /-l ;n~