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Home My WebLink AboutResolution 3707 \ i �. ` _ �., t O�? , I � _ r • O O �b. - C ITY of ORONO � � ��L: ��'� RESOLUTION OF THE CITY COUNCIL . �kESH�4 NO. e� �' o � A I�ESOLUTION GRA,NT�NG A VARIANCE TO MUNICIPAY� ZONING CODE SECZ'IUN 10.22, SUBDNISIONS 1 (B.) �iND 2 . AND A CONDITIONAL �i�� PE�IViIT YER SIECTIC�N 10.03, SUBT)�VISION 19 FILE'NO. 2117 WHE1tLAS, Thomas R. McCune anci Martha H. McCune (hereinafter the "applicants") are owners of the property located at 1473 �ay Ridge Road within the City of Orono (hereinafter "City") and legally described as folluws: . Exhibit A attached (hereinafter the "property"); and WH�REAS, the applicants have applied to the City for variances to Nlu.rucipal • Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the construction of twa-tiered retain�ng wall located 69' from the Ordinary High Wate� Le�el of Lake Minnetonka �vher� a 75' setback is required. TIYe proposed improvement will result in an increase in hardcover of 90 s.f. or 15.5i'o �,°here 24 s.f. or 4.1% exists resulting in a t�tal of 114 s.f. o�• 19.8% hardcover w�ere �.io�ie is ailowed. Applicants have also applied for a cflnditianal use permit per Sectiori 10.C13, �aUdivisian 19 that would allow for tlze installation of a two-tiered retaining wall at a mzxim.um height of 8'. NOW, T�IT+;I�I�:k'�U�R.►�, �3� IT RESOLVED by the City Council of Orono, Pv�innesota: � rIND1IVG5 1. This application �v<<s reviewed as Zoning File #2117. 2. The propei�� is Ioiated in the LR-lA Single Family Lakeshore Residential Zoning llistrict. . 3. The Orono Planning Commission f•eri�wed this application on March 18, 1996 and reconuner�decl approval af the varianees and conditional use pecmit a, pcopased based upo�.i tk�e following unique findings and hardships: • Page 1 of 6 _.... ..... . .. ..- . .. . . � � . . �.}.� �E ,�. .. . '1 .. ... . ' � . . � t, `� . . � '�; . . . . . ., . . . . � �1V' � � . � O � O � b. - d CITY of URONO � F �� '� RESOLUTION OF THE CITY COUNCIL ��`�kES8�4�'�'G , NO. e� � O � a. There is a section of a two-tiered retaining wall at an approximate 8' � height that runs for a distance of 24' along the east lot line of the property. . b. The existing two-tiered retaining wall was installed in 1987 because of severe erosion resulting from back to back 100 year storms. c. The properties to the immediate north also installed two-tiered timber retaining walls in 1987 to sustain bank adjacent to County Road right-of- way. d. There are visual signs of erosion of the 90' of bank that remains unprotected. �� e. There is an existing 2-3' high timber wall that has been installed within the � unprotected bank that is in a severe state of deterioration. . f. The engineer has approved the engineering plans for the timlier wall construction per engineering report by GME Consultants Inc. dated February 29, 1996. 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 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 applicants, 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 Ciry. ' 5. The City Council fmds that granting a conditional use permit to allow the installation of a two-tiered timber retaining wall 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 properry, 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 � ` - - — __ ___-T_' � . i . � O� • O O �b- - CITY of ORONO � � �� , G'�' RESOLUTION OF THE CITY COUNCIL . �`��i'ESH.Og'� NO. �e� � Q� °� CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2, and'a conditional use pernut per Section 10.03, Subdivision 19 to permit the installation of a two=tiered timber retaining wall at a maximum height of 8' and grants a lakesh.ore setback variance of 6' or ' 8% and a hardcover variance of 114 s.f. or 19.8%, subject to the following conditions: 1. Prior to the City issuing a building permit for the construction of the retaining walls, applicants shall provide the following information to the City: A. Permit from Hennepin County Department of Transportation for work conducted within County right-of-way. � . B. Applicants' contractor to submit information on structural capacity of Helix Earth Anchors for review of City Engineer. C. Pernut application to include planting schedule for plantings to be installed at first and second tier of retaining walls. 2. Applicants' contractor shall contact Ciry staff at least 48 hours before installation of retauung walls. Applicants shall also be responsible for installing erosion control prior to construction and until walls are constructed and ground cover � restored. 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 building permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (March 25, 1997). � Pa e 3 of 6 g y - � . � O� .' • O O �b. - CITY of ORONO � ti '�' RESOWTION OF THE CITY COUNCIL ��`9$E Hp4�'G NO. e� �° O � � S 4. 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 misdemean�r. 5. 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 25th day of March, 1996. AT ST: � • . �� % � Darothy M. all , City Clerk Edward J. Call 'an, r., Mayor , ,� - �� / ��-�- P perty Owner(s j STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instniment was acknowledged before me on this 25th day of March, 1996 by Edward 7. Callahan, Jr. and Dorothy M. Hallin, Mayor and Ciry Clerk of t�ie City of Oror,o, a Minnesota municipal coi-poration and said instrument was executed on behalf of the City. "' CAROLE A.HASEMAN �� ' � � �` Notary Public ;��; NOTARY PUBIIC-MINNESOTA . ' ' HENNEPIN COUNTY .�� '• My Commission Fxpires Jan.31,2n00 • • . Page 4 of 6 � � �� . �. � O O � � �b. - C ITY of ORONO - � � �� G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4 NO. ��` °� O a STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /5�h day of �,�,r,' � , 199� , before me a Notary Public �within and for said County, personally appeared�o v�-,u s �• /�'�c��n e Y�a rV`i co� 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. ��'/�'� i U �,� ��-.�.J "`' CAROLE A.HASEMAN Notary Public r� NOTARY PUBLIC-MINNESOTA � �'��N�•°• HENNEPIN COUNTY My Commission Expires Jan.31,2n00 � STATE OF MINNESOTA '`� ' � ) ss. COUNTY OF HENNEPIN ) On this /(Qfh _day of_� ' , 199 � , before me a Notary Public within and for said County, personally peared� .ri r`�'h� ��Un P, v��rr�PN known to me to be the person(s) described 'in and who executed the foregoing instrurr�ent, and � acknowledged that he (they) executed the same as his (their) free act and deed. C�� Notary Public o�•��. CAROLE A.HASEMAN 7` NOTARY PUBLIC-MINNESOTA ��_ ;- • HENNEPINCOUNTY e�'�M��•• My Commission Expires Jan.31,2�00 . � i P�age 5 of 6 , ` . ' ' �� ' � � • . Exhibit A . � � Legal Description � . (As contained in Cert�cate of Title No. 74093) Tracts E and N, Registered Land Survey No. 192, Files of Registrar of Titles, County of Hennepin, State of Minnesota. � L M, �, P� Q �d Together with an easement for driveway purposes over Tracts J, K, , R, all in Registered Land Survey No. 192 as shown in deed Doc. No. 569269, Files of Registrar of Titles; Sub'ect to an easement for driveway purposes over said Tract N as shown in deed Doc. J No. 569269, Files of Registrar of Titles; � Subject to a public easement in the Hi?hway known as Counry Road No. 7 as to Tract E; water mark and the low water mark Subject to the portion of said land between the high . of Lake Minetonka to the public right, incl ud oses now authorized by law;(a etotTract i� use or reclaim said portion for any public p rp E). Also known as PINS No. 10-117-23 34 0005 _ . . i � : . . � _ . . . . . Page 6 of 6 - � � . �. � . � �