HomeMy WebLinkAboutResolution 3635 � O ' V
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0NO. R R 3 5
A RESOLUTION GRAiNTING
A VARIANCE TO MUNICIPAL ZONING CODE
SECTION 10.56, SUBDIVISION 16 (J-2)
AND A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE SECTIONS 10.03, SUBDIVISION 19
AND 10.56, SUBDIVISION 13 (A&B)
FILE NO. 2075
WHEREAS, Howard R. Alton, III (hereinafter the "applicant") is the owner of
the property located at 1635 Concordia Street within the City of Orono (hereinafter "City") and
legally described as follows:
refer to Exhibit A, attached (hereinafter the "property"); and
WHEREAS, the applicant has made application to the City of Orono to permit
the removal of approximately 34 cubic yards of earth located within 0-75' of the shoreline
where no land alterations are permitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 92075.
2. The propem- is located in the LR-1C Single Family Lakeshore Residential
Zoning District requiring one-half acre in area. The property consists of four
acres.
3. The Orono Planning Commission reviewed this application on October 16, 1995
and recommended approval of the application as proposed, based on the
following unique findings and hardships:
a. The proposed land alteration will reduce the potential of erosion of the
lakeshore bank.
°t'RANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
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DEC 5 1995
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RESOLUTION OF THE CITY COUNCIL
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b. The 90 lineal feet of shoreline bank is at a 1:1 slope and will be
constructed at a 3:1 slope. The 3:1 slope will allow the restoration of
grass groundcover.
C. The property is located on the eastern shoreline of West Arm and subject
to the impact of ice movement in the early spring.
d. Both the City Engineer and the DNR have approved the proposed
alteration of the bank finding the improvement will be a permanent
solution of the erosion of the bank and intense impact of ice movement
on this shoreline.
e. Land alterations will not impact the views from the public waters.
f. The proposed land alteration will prevent the further erosion of the
shoreline into the lake.
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 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.
5. The City Council finds that granting a conditional use permit to allow the
proposed land alterations within the lakeshore protected area 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.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
SH04' NO. 3635
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.56, Subdivision 16 (J-2) and a
conditional use permit per Section 10.03, Subdivision 19 and 10.56, Subdivision 13 (A&B) to
allow the excavation of 34 cubic yards and the filling of 8 cubic yards of clean fill to allow
the alteration of a lakeshore bank at a 3:1 slope, subject to the following conditions:
1. Erosion control shall remain in place until natural groundcover is restored within
the disturbed area.
2. Banks are to be installed at a minimum 3:1 slope.
3. Applicant or applicant's contractor shall be responsible for obtaining a land
alteration permit from the City for the approved land alterations completed
before Council's review. Applicant or applicant's contractor shall pay a penalty
permit fee at $150.00 ($75.00 initial, $75.00 penalty fee).
4. 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 land
alteration permit within one week of the date of Council's approval, or the
special conditions of this resolution will expire on that date (November 20,
1995).
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 applicant has read, understood and hereby agrees to the terms
of this resolution and on behalf of himself, his heirs, successors and assigns,
hereby agrees to the recording of this resolution in the chain of title of the
property.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
`�kEsK0 NO. 3635
Adopted by the Orono City Council on this 13th day of November, 1995.
ATTEST:
6X4
'Dorothy M. 161n, City Clerk Edward J. Ca7, Jr., Mayor
_-
Property Owner(s)
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 Not P blic
NOTARY PUBLIC-MINNESOTA
• HENNEPIN COUNTY
•. .•� My Commission Expires Jan.31,2000
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� O 'V
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
9kESH0 NO. 3635
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this j 0 4-A day of :)L�_ , 199 6� , before me a Notary Public
i
within and for said County,personally appeared d- a_e&X
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 Itsup
NOTARY PUBLIC-MINNESOTA Notary blic
° HENNEPIN COUNTY
•°°••° My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this /st day of b tr- , 199 5 , 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.
Notary Public
6 OLE 0.HASEMAN
NOTARY Karr�NWMTA
.`' [ IR fA1NyyIi....YIM� /yy�
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RESOLUTION # 3 6 3 S
LEGAL DESCRIPTION:
Tract A, Registered Land Survey No. 1628, files-of the Registrar of Titles, Hennepin County,
Minnesota.
and
That part of Government Lot 2, Section 17, Township 117, Range 23, described as beginning
at a point on the north line of said Government Lot 2, distant 1231.75 feet west from the
Meander Corner on said north line; thence West along said north line 47 feet; thence South at
a right angle 148.5 feet; thence East at a right angle 47 feet; thence North at a right angle 148.5
feet to the point of beginning.
RESOLD TIO",
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
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 oaf such raidlu i rym CounMinutes es of
nhe
held on
proceedings of said City Council at a 19 and that the same is a true and correct
November 13 Council at said meeting.
copy of said resolution duly adopted by said City
In Witness Whereof, I have hereunto set my hand and seal this 14th
day of November 19 g
;oro y M. H , City Clerk
(SEAL)
r
PAGE
COPY
OFFICE OF THE REGISTRRA
OF TITLES
HENNEPIN COUNTY. MINNESOTA
CERTIFIED FILED ON
FEB 13 1996
REGISTRAR OF TITLES
�-- DEPUTY