The URL can be used to link to this page

Home My WebLink About#07-3263 Recorded Resolution 558111111111 111111 i i111l 111 Doc No 4378002 04/19/2007 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 306427 New cert Cert 1134957 Deputy 16 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR RECONSTRUCTION OF RETAINING WALLS WITHIN THE O -75 FOOT SHORELAND ZONE PER SECTION 78-966 AND A HARDCOVER VARIAN CE FROM MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 07-3263 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 8 I A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR RECONSTRUCTION OF RETAINING WALLS WITHIN THE O -75 FOOT SHORELAND ZONE PER SECTION 78-966 AND A HARDCOVER VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 07~ 3 1-(Q.3 WHEREAS, Mitchell D. and Kimberlee M. Olson, husband and wife, (hereinafter "the Owners") are the are the owners of the property located at 3275 Carman Road within the City of Orono (hereinafter the "City") and legally described Lot 6 Block 1 CARMAN'S COVE, Hennepin County, Minnesota; and WHEREAS, Concept Landscaping has made application on behalf of the Owners to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow reconstruction of retaining walls within the 0-75 foot shoreland zone;and WHEREAS, Concept Landscaping has made application on behalf of the Owners to the City of Orono for a variance from Orono Municipal Zoning Code Section 78- 1288 for the hardcover associated \-Vith the walls; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City· of. Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 20, 2007, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of'Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3263. Page 1 of 5 CITY of ORONO RESOLUTION OF THE 91 5v8c9uNCIL NO. _______ _ 2. The Planning Commission reviewed this application on February 20, 2007 and on a vote of 7 -0 recommended approval of the conditional use permit for reconstruction of retaining walls within the 0-75 foot shoreland zone based on the following findings: a. The property drops about 23 feet from the street yard of the property to the cove. b. The existing retaining walls on the property have deteriorated and are unsightly. c. Because of the location of the house on this property and on the adjacent property it is impossible to construct a slope in place of the walls. d. An additional tier will be added, reducing the height of the individual walls. It will be easier to screen the shorter walls with vegetation. 3. The Planning Commission also recommended approval of the hardcover variance based on the following findings: a. A conditional use permit has been granted for the retaining walls. b. The additional 51 square feet of hardcover provides for an additional tier. The shorter walls will be easier to screen with vegetation. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 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 owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~ property right of the Owners; 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 a conditional use permit to allow removal of the existing retaining walls on the property and construction of new walls within the O to 75 foot shoreland zone, as well as a variance to Orono Municipal Zoning Code Section 78-1288 for the hardcover associated with the walls, subject to the following conditions: 1. Council approval is based on the site and wall plans submitted by the owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Any changes to these plans may require further Plam1ing Commission and City Council review. 2. The terraces between the walls shall be planted with native plant material that will obscure the walls, with the planting plan being approved by the Planning Director. 3. Hardcover associated with these retaining walls shall be limited to 682 square feet (2.07%). Owners are 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 concurrent reduction in existing hardcover. 4. Authorities granted by this resolution nm with the property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the new retaining walls before February 26, 2008 or the variance will expire on that date. 5. 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. 6. The undersigned Owners have read, understand, and hereby agree to the terms of this resolution and on behalf of the owners and the owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property . . Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 5 8 1 NO. ______ _ Adopted by the Orono City Council on the 26th day of February , 2007 . ATTEST: ~d?vL ~ Linda S. Vee, City Clerk l c no '··\\.il ®u,U10 ~ Mitchell D. Olson STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this <jh day of .=+,1-c:........!..,____ 2006 by James M. White , Mayor of the City of Orono, a Minnesota municipal cg and said instrument was executed on behalf of the City. oj ,;,,Jt_,,..,7 /VI l/47 Page 4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN J CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 5 8 j ~f-s. - The foregoing instrument was acknowledged before me on this p day of fYIM .cJ._,, 2006 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. RAC HEL DODGE NOTARY PUBLI C -MIN NESO TA My Com mi ss ion Expires Jan . 31, 2010 Notary Public L£0 ,M~ Dco~ STATE OF MINNESOTA COUNTY OF HENNEPIN rvf This instrument was acknowledged before me this J-3 day of Mitchell D. Olson, husband of Kimberlee M. Olson. ftb.-v":2007 by < 1· . -~ D RACHEL DODG E ' NOTARY PUB LIC -MINN ESOTA . My Comm ission Expi res Jan. 31 , 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN (_ 12ce_,A-~ LJcoe-0-, Notaly Public This instrument was acknowledged before me this ~ of ~c;A Kimberlee M. Olson, wife of Mitchell D. Olson. , 2007 by RACHEL DODG E , ·1~ NOTARY PU BLI C -MINNEso:~n ~i ~ommis sion Expires Jan. 31, 2~ G/~ ;,0~ Notary P~blic Page 5 of 5 f •¾•iii;. f ' A £5· s d ,..._ >< ... ., I -7 I I I EXISTING HOUSE 2 • m • t:.ro?oSLd ._.. • • -r W#\-11-,. "" ,- e.,<.rs-htiq t-vo.f/s 'S 5 a 1 / "~ I ! . ( l ~-/ ~~ I FD 1/2"0lP -~ ----------0,o~ ~ ~,~~,w,~~~~.~~ PROPERTY Ht1.o FCJR uZ~' D""'HE~S~CJR~IPt_T!_!l~O~NO::...:.F_;...._~ .. , .... ,,,,--~or "-' according to the CARMAN COVE, Minnesota. Lot 6, Block 1, f Hennepin County, d dplat thereo ' reco e ecification was • hat this plan or sp ervision and I hereby certify t nder my direct sup der the laws prepared by m,e l~;e~sed land surveyor un t I am a du y I tha f Minnesota. of the State o 2004. . 8th day of January, Dated this ~E BERGQUIST, INC. SAT~\\.. l \ . . "7..,-::, 44 \ · ~ ~'::,'\.. N 403 ~-.::i\l';;, M' nes~ta License o. berton in David B. Pem ' ..... . . .. -... '-....__ _ OROJN1.,\ 929.4, .c LAKE MINNE1TON. ( CARMAN' S BAY) "'1·' Location A ~4' ~4' ~4' ---· 9. 1 • ~ 9. 2 ----=------- ~v,'.7:~ . ....,__ ', \ ! \ I ■ 10.0 ---■ 10' SCALE en 9' 0:, .---1 vJ Location B I • 10.0 ---• 10' SCALE ~4• ( r, ~ -----10.2 • •8.5 • •8.7 ----=----- Qt en, a, -..a () C 0 ·-......, ro (.) 0 _J 0 ■ w --' <( () Cl) 0 ~ 5581 I'-- ■ CX) ■ ZONING FILE NO. 07-3263 I I .l ;;s---' ½• ---0,ofi\r --- DESCRIPTION OF PROPERTY EXHIBIT A \ \ Lot 6, Block 1, CARMAN COVE, according to the recodedplat thereof, Hennepin County, Minnesota. I hereby certify that this plan or specification was prepared by me or under my direct supervision and that I am a duly licensed land surveyor under the laws of the State of Minnesota. Dated this 8th day of January, 2004 . .. SAT~~E-BERGQ\\ST, INC. \ \ '\ 5 5 8 1 RESOLUTION NO. ___ _ I/ f ZONING FILE NO. 07-3263 ~- .... ~·, -::-· <( C 0 -:.;:::; ro (..) 0 -' -~;:· EXHIBIT B --J • O') ' 5 8 1 RESOLUTION NO. __ _ 0 w ...J <( (.) Cf) ZONING FILE NO. 07-3263 EXHIBIT B ·-~ . //.,/.~-----1 " ··>·>-..... ·(/ 0 ~ \), -. • 0 . 0 Cf) b . ~ ..-.... 1 / ···-.,______ ~./_/_ .. ·· .____ _.,.. ca C: 0 :.:; ro (.) 0 ...J RESOLUTION NO. 5 5 8 1 I'--. co \--1 LO • N • ZONING FILE NO. 07-3263 (.) C: 0 :.;::; co (..) 0 _J ,, .... ·· ,,,-, 0 ■ 0 ~ EXHIBITB -3 RESOLUTION NO. 5 5 B 1 w ...I \ <( 0 Cf) b ~ ■ co ",:,.· ·. ■ (j) ___l STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN .) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of thy Orono City Council on February ---2.2.._, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 12th day of March , 2007. City Clerk (seal)