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Home My WebLink AboutResolution 3634 ti v � O O O b - CITY of ORONO AV RESOLUTION OF THE CITY COUNCIL �9kESII04NO. 3634 A RESOLUTION GRANTING VARIANCES TO SECTION 10.55, SUBDIVISION 8 AND A CONDITIONAL USE PERMIT PER SECTIONS 10.55, SUBDIVISION (B) AND SECTION 10.56, SUBDIVISION 13 PER MUNICIPAL ZONING CODE FILE NO. 2074 WHEREAS,John N. Gehring and Kristin R. Gehring(hereinafter the "applicants".) are owners of the property located at 1687 Concordia Street within the City of Orono (hereinafter "City") and legally described as follows: North 50' of the South 100' of Lot 16, Coffee's Addition to Shadywood Lake Minnetonka, I lennepin County, Minnesota (hereinafter the "property"); and WHEREAS,the applicants have applied to the City for variances to Section 10.55, Subdivision 8 to permit constructioa of a Thigh timber retaining wall within 5' of the shoreline of Lake N'[innetonka wlicie no structures are allowed and where portions of a 25'x30' accessory structure and drive shall encroach tl:e floodplain where no such eneroachunent is allowed and a ccndkional use permit per Section 10.56, Subdivision 13 for the retaining wall at the shoreline of the lake and a conditional use permit per Section 10.55, Subdivision 10 (B) that would allow the filling of approximately 14.8 cubic yards within the floodplain of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Nlinnesota: FINDINGS 1. This application was reviewed as Zoning File#2074. 2. The property is located in the LR-1C Lakeshore Residential Zoning District requiring one-half acre or 21,780 s.f. in area. The property consists of 13,090 s.f. or .3 acres. Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL t9IfESH0 NO. 3634 3. The Orono Planning Commission reviewed this application on October 16, 1995 and recommended unanimous approval of the variances and conditional use permits as proposed and recommended approval of the comprehensive application based on the following unique findings and hardships: a. The eastern shoreline of West Arm is severely impacted by ice movement in the early spring. The bank at a 1:1 slope is unable to retain ground cover and is subject to severe erosion. b. The T treated timber retaining wall will provide a temporary solution to the erosion and will not address the issue of ice pressures on the shoreline bank. C. The installation of riprap would result in the loss of the natural sand beach along the shoreline. d. There is not sufficient depth between the shoreline and the lakeside of the residence to allow for the alteration of the bank to a 3:1 slope. The majority of applicants' lakeshore yard would be lost with the alterations. e. Applicants shall provide a matching excavation below the 931.5 elevation to offset 14.8 cubic yards of filling within the floodplain of Lake Minnetonka. f. The accessory structure will meet all required setbacks. g. The proposal will not result in an excess of structural coverage. Structural coverage will be maintained at 14.6% where 15% is allowed. h. The majority of hardcover within the 0-75' setback area at 907 s.f. is the residence structure and access stairs at 855 s.f. or 22.8%. 4. 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 properties, would not merely serve as a Page 2 of 5 f O O , CITY of ORONO RESOLUTION OF THE CITY COUNCIL SH04�G NO. 3 6 34 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 allow the installation of a '' retaining wall at the shoreline and the filling of approximately 14.8 cubic yards of fill within the floodplain 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 property, 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. 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 10.55, Subdivision 8 and a conditional use permit per Section 10.55, Subdivision 10 (B), and Section 10.56, Subdivision 13, subject to the following conditions: 1. Silt fencing shall be installed along the shoreline during the period of installing the timber wall until all disturbed ground area is restored with natural ground cover. 2. Suitable plantings to be installed adjacent to or at top of wall to minimize visual impact from public v`,aters. The wall shall be constructed of treated wood. 3. The building permit for the garage cannot be issued until the drainage tile is installed at the property to the immediate north located at 1685 Concordia Street. The City Engineer shall approve the final grading and drainage plans for the encroachment of the floodplain to reconfirm for City that the flooding of accessory structures located at 1685 and applicants' property will not be flooded as a result of the proposed improvement. Page 3 of 5 !�O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��9kESH�4�G NO. 3634 4. Applicants are further advised that the City shall not address future plans for the reconstruction of a residence on the property as Application No. 2074 will have no impact on a future residence structure being located on the property meeting all required setbacks as set forth in the current municipal code. 5. 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 (November 13, 1996). 6. 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. 7. 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 13th day of November, 1995. AT ST: Dorothv . Ha lin, City Clerk Edward J. Callahan, Jr., Mayor perry Owne ,$) j Page 4 of 5 1 �O O -04 CITYof ORONO RESOLUTION OF THE CITY COUNCIL �`9kES 10 NO. 00 3 4 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of November, 1995 by Edward J. Callahan, Jr. 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. JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA • '' HENNEPIN COUNTY s . •-° �•'• My Commission Expires Jan.21, %w Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �� G q1 day of'j! t,,., ,( , 199 , before me a Notary Public within and for said County, personally appeared 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. JAMIE L BOSMA ` • N0TARYPUBLIC-MINNESOTA Notary Public J• HENNEPIN COUNTY �.M°°•• My Commission Expires Jan.31,2000 • STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this ?"' day of 199 , before me a Notary Public within and for said County,personally appeared 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. CAROLE A.HASEMAN Notary Public i NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan.31,2n00 Page 5 of 5 s F RESOLUTION 3 3 4 STATE OF MINNESOTA j COUNTY OF HENNEPLN j CITY OF ORONO ) I, Dorothy M. Hallie, 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 the of the City of Orono with the original record of such resolution in C CouMinncil held es f on Council meeting of said Ciry proceedings of said City Council at a 19 q, that the same is a true and correct November 13said Ci Council at said meeting. copy of said resolution duly adopted by City In Witness Whereof, I have hereunto set my hand and seal this 14th day of November 19 Dorothy M. , Ciry Clerk (SEAL) Ilp Alnd30 Mlui d0 !!VlliSiJ3l1 ��jy, S,/ 56615 �3t1 NO 0311-4 t1311UM vR".QOM "doo GZ mrd � IOn 1