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Home My WebLink Aboutres 3936SEP 2 \997 RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 6 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.24, SUBDMSION 5 AND A CONDITIONAL USE PERMIT PER SECTION 10.09, SUBDIVISION 6 FILE NO. 2260 WHEREAS, Benjamin Milbrath and Karen Milbrath (hereinafter the "applicants") are the owners of the property located at 3265 Cannan Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 5, Block 1, Carman Cove, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.03, Subdivision 19, Section 10.22, Subdivision 2 and Section 10.24, Subdivision 5 to replace a retaining wall in the 0-75' lakeshore setback and to remove a timber walkway in the north side yard and replace it with a retaining wall. Variances for side yard setback to allow a retaining wall in the required 1 O' side yard along the north property line; hardcover in the 0-75' lakeshore setback where 673 sq. ft. (9.4%) is proposed and 1,252 sq. ft. (17.57%) is existing and none is allowed; hardcover in the 75-250' lakeshore setback where 3,456 sq. ft. (26.87%) is proposed and 3,614 sq. ft. (28.1%) is existing and 3,215 sq. ft. (25%) is allowed are required. A conditional use permit for replacing a retaining wall in the 0-75' lakeshore setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2260. 2. The property is located in the LR-lB One Family Lakeshore Residential Zoning . District where the minimum lot area requirement is one acre. Page 1 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 6 °' 3. The Orono Planning Commission reviewed this application on July 21 , 1997 and recommended unanimous approval of the proposed variances and conditional use permit based upon the following unique findings and hardships: a. The zoning lot does not meet minimum lot area or lot width requirements. b . The topography of the lot drops 22' from the front yard to the lakeshore. c. The north side yard has a steep topography that slopes down to the lakeshore. d. The timber retaining wall was in a deteriorated condition and has been removed. Work has been stopped on replacement of the wall until the appropriate variances and conditional use permit are obtained. e . The amount of hardcover will be reduced. f. Previous variances were granted for hardcover on this lot. 4. The 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 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants ; 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 a conditional use permit to replace a retaining wall in the 0-75' lakeshore setback 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. Page 2 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 6 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit, a side yard variance, and hardcover variance in the 0-75' and 75-250' lakeshore setback per Municipal Zoning Code Section 10.03, Subdivisi ~n 19 , Section 10.22, Subdivision 2, Section 10.24, Subdivision 5 and Section i 0.09, Subdivision 5 to permit replacement of a timber retaining wall with a concrete block wall in the 0-75' lakeshore setback and to remove a timber walkway in the required north side yard and replace with a retaining wall, subject to the following conditions: 1. The retaining wall and walkway will be constructed as shown in Exhibits C and E. 2. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a land alteration permit within one year of the date of Council's approval , or the special conditions of this resolution will expire on that date (July 28, 1998). 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs , successors and assigns, hereby agree 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 July, 1997. ~~~~-~~~ A,a ·?R111{l1, I ki ltH1 wner(s) Page 3 of 6 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 9 3 6 The foregoing instrument was acknc wledged before me on this 28th day of July , 1997 by Gabriel Jabbour 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. STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ss . Notary ,P~bl ic V :' / ( On this '/ h , day of A, :c-( ,-:::.f , 1992__, before me a Notary Public within and for said County, personally appeiif.ed B~· t I io ~h i r1 M ; I Qr,-:±1, cb c r;·; c J 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 ) -/1 On this ::y-1-li day of (.!Lc0.u..J , 199 _1__, before me a Notary Public within and for said County, personally a~peared qtl 1 r n rH6 ~C.l r,-<1,-'t/, /c:z.. ,a,.;-.,_,1.,<_;_/ known to me to be the person(s) described in and who executed the fo~egoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . JAM IE L GEMAR IIJTMY ~ IBIEFIC COONTY U,Canllstlmi &llnsJal. 31. m> / \ . ( f {/., I~· ·l/_:.t_ / Not(1foblic Page 4 of 6 • .. ·· . :..~-...:.....:.-.:. .. · ........... . ' lo-= 5.aole :·. l''~Zt7' .. ··.· .. · :· ff ,,. "' If • ~--'-'> n > 0 " r+ :lC ,., u, z • n CD 0 ~ ,:'::"-·. { .. :\~~-~) C, ' RESOLUTION NO . .. June 18, 1997 Mr. Jeremy Banken .Meadowood 18435 Highway 55 TEL: Plymouth, MN 55446 Re: Milbrath Residence Orono, Minnesota Dear Sir, Jun 1 8 '97 16:4 3 No .0 03 P.0 2 RESOLUTION NO. B 9 3 6 Attached is a copy of the Keystone gravity wall design chart for various site conditions. Per your description and field sketches, the walls will not exceed 5' in height, experience no additional surcharges, and be constructed in predominately clay soils. Keystone Standard units constructed with the 1° minimum setback orientation will meet the requirements of these site c.onditions and the minimum design requirement of the Unifom1 Building Code. Construction shall be in accordance with the Keystone construction manual. raig D. ritz, P.E. Senior nginccr Attachment 20589 Page 6-a of 6 4 ·1J•1 W.:,:I 71(1h Str.:.:t Rl,.,.,min~hln . Minnc"''j :>:>,D.'I 61 ~lli'J"/-11140 l!OOn-17-~'T/I 1·;11 I, l}/X<.17 ,x~x :9 9 38 :~·_(-_:J~:~~,~~~1---------------- Retained Soil Type NEAR VERTICAL WALL (Minimum setback per unit) STANDARD UNITS MAX. HGT. Backslooe Soll Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 4.9' 4.8' 4.7' 4.3' SIity Sand 4.5' 4.4' 4.2' 3.8' Slit/Lean Clay 4.2' 4.0' 3.8' 3.3' COMPAC UNITS MAX.HGT. Backslope Soll Type Level 4H:1V 3H:1V 2H:1V -Sand/Gravel 2.7' 2.6' 2.5' 2.4' SIity Sand . 2.5' 2.4' 2.3' 2.1' Slit/Lean Cla', 2.3 2.2' 2.1' 1.8'. I Retained Soll Type ONE INCH SETBACK WALL (1 "setback per unit) STANDARD UNITS MAX.HGT. . BackslODQ Soil Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 6.5' 6.3' 6.1' 5.7' Silty Sand 5.6' 5.6' 5.4' 4.8' SRt/l...ean Clay 6.2' . 5.0' 4.8' 4.0' COMPAC UNITS MAX.HGT. Saekslooe son Type Level 4H:1V 3H:1V 2H:1V Sand/Gravel 3.6' 3.5' 3.4' 3.2' SIity Sand 3.2' 3.1' 3 .0' 2.7' SiltA.aan Clay 2.9' 2.8' 2.7' 2.2' Notes: Calculatlons assume a unit weight of 120 lbs/cf !Qr all aQU types. Assumed + englH for earth pntssure C&Jculatlons ana: Sand/Gravel-34', SOty Sanc:1-:30', and Sandy SIM..ean Clay.26'. Non critical structurea with SF> 1.5. No surcharge loadings are induded. Surchargea or apectel lo&dlng condlttons wm reduce maximum wall heights.. $tiding c;elcuhltlone a&eume a 6• Cl'\18hod otonG l.volllng pad u compacted foundation matltrlal. The Information provided Is lor prellmlnary d1t11lgi U&e only. A qualified professional ehould be consulted. Keystone aceel)t3 no Jabnlty ~t the Improper use of ~ tal)l"- Page 6-b of 6 3/1:WS RESOLUTION NO. 8936 £ f £ l) ~ = ... • f-- l; E :P --~ 1) -- Page 6-c of 6 ?I"\• I I ,-"? T . .,.., . STATE OF :MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 9 3 6 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 July 28 , 19 ..J.!.., 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 -------29th day of Jul , 19_9~7~ (SEAL) -'-.J -• ..., --.JI - 'i.EGISTERfD VOL ;>~~ l ' PAG E ._£,_1,.f:_J..~.2-._ J'c._ co•~ OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY, MINNESOTA CERTIFIED FILED ON SEP 15 1997 &'0.-C~. 1 IAV1 REGISTRAR 0 F mtf:S BY DEPUTY me·f!'v' ~I {-{/1/1-CZf /1/U BELLEVILLE , ILL INO IS BLOOMINGTON , ILLINOIS CHAMPAIGN, ILLINOIS CHICAGO, ILLINOIS JOLIET, ILLINOIS LISLE, ILLINOIS PEORIA, ILLINOIS ROCKFORD, ILLINOIS SPRINGFIELD, ILLINOIS WAUKEGAN, ILLINOIS WRITER'S DIRECT DIAL NO . (612)295-0660 Elizabeth Van Zomeren City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 HINSHAW & CULBERTSON PIPER JAFFRAY TOWER SUITE 3200 222 SOlITH NINTII STREET MINNEAPOLIS, MINNESOTA 55-I02 612 .333 .3434 TELEFA X: 612 .334 .8888 October 20, 1997 • ·', y ·~ Re: Recorded Resolutions Dear Liz: FT . LAUDERDALE , FLORIDA JACKSONVILLE , FLORIDA MIAMI, FLORIDA TAMPA. FLORIDA MUNSTER, INOLA.NA ST. LOUlS, MISSOURI APP.LETON, WISCONSIN BROOKFIELD, WISCONSIN LAKE GE NEY A. WISCONSIN MILWAUKEE, WISCONSIN FILE NO . 752031 ! ,.,,.··""··., . ./ Enclosed, for the City's records, please find an attested copies of the following resolutions which were recorded September 15, 1997, in the office of the Hennepin County Registrar of Titles: 1. Resolution No. 3936 (File No. 2260) recorded as Document No . 2843252; 2. Resolution No. 3940 (File No. 2266) recorded as Document No. 2843253; and 3. Resolution No . 3933 (File No . 2256) recorded as Document No . 2843204. Upon your receipt and review of the enclosed documents, please do not hesitate to contact me if you have any questions. Enclosure cc: Thomas A Barrett, Esq . Very truly yours, Nancy L. Chadwick Legal Assistant A PARTNERSHIP INC LUDING PROFESSIO NAL CORPORATIONS