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Home My WebLink AboutResolution 3655 ........__..._. .:................�. . ....... ..... .._ . . ... . '4" . : .v�*.-s� rr.""v� _.-....V. _ �-�-st-+w ,�ff� •b � . -'� � O� • O , O � -�b. � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`�.k o4�G No. �3 6 � �� ESH A RESOLUTION GRANTING VARIANCF.S TO MUNICIPAL ZO1vING CODE SECTION 10.56, SUBDIVISION 16(n 1 & 2 FILE #2082 dl�i.EREAS, R.ichard Miller Stark (hereinafier "the applicant") is owner of the property located at 575 Oxford Road within the City of Orono (hereinafter "City") legally described as follows: Lot 2, Block 1, Klitzke Addition, Heiuiepiii Caunty, Minnesota (hereinafter "the property"); and � • WI�EREAS, the applicant has applied to the City for after-the-fact varial.ices to Municipal Zoning Codti Section 10.56, Subdivision 16(I) 1 & 2 to pernut clear cutting of sl�rubs and vegetation and the removal of 10 mature trees within t�ie lakeshore protected area, clear cutting and the removal of approximately 22 trees within an aa•ea protected by a certain Flo��age and Conservation F�:Lsement filed against the chain of title of the property in 1978. NOW, THEI2EF'ORE, B� I� RESOLVED by ihe C.;ity Cauncil ot Orono, Minnesota: FINDING� l. This application was reviewed as Zoning File #2082. 2. The pro�ern- is located in the LR-lA, Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 2+ ar•eas. ;. The Orono I'lanning Commission reviewed this ap�lication on November 20, 1995, and recommended unanimous approval of the proposed variances based upon the following unique finciings and hardships: • . Page 1 of� � �� O O b. - CITY of ORONO � � :a4' �� L'�' . RESOLUTION OF THE CITY COUNCIL � L�k'ESH�g'� NO. .s� C e) e� A. Applicant had no knowledge of the existence of the Conservation and Flowage Easement at the time of the sale of his property nor did his title company advise him of the easement. B. Applicant was not aware of the restrictive ordinances governing tree removal within 0-75' of the lake but has willingly agreed to replant a like number within the lakeshore protected zone. C. Erosion control has been maintained while lakeshore yard was in a disturbed state and absent of groundcover. 4 D. Jay Riggs, Environmental Specialist of Westwood Professional Services, Inc. has prepared a vvetland delineation report dated July 31, 1995 redefining the wetland area within applicant's lakeshore yard. The • findings confirm that the original conservation area defined in the 1978 • Conservation and Flov��age Easement was only partially involved with a v��etland. E. All disturbed areas have been replanted with suitable groundcover. The wetland area has been planted with Mn/DOT mixture 25 and the remainder of the disturbed yard located out of the newly defined wetland , area has been sodded. F. There are no signs of contamination or erosion witlun ihe marshlike ��etland adjacent to the shoreline nor of applicant's shoreline area. G. Section 10.�6, Subdivision 16(I) 2, would allow for clearing of vegetation to allo«� applicant to achieve a view of the shoreline. This was not the intent of the applicant as the main boal was to create a lawn within the l�l:eshore yard that could be maintained. � H. The nev��ly defined wetland area shall be allowed to be restored to a nahual wetland. • � Page 2 of 5 . . .. . . . ... .___�:y.. _ ..�..._4._._.._ _ --____ .__ ___ , . y' . ' . , ,. , t�, . .. '. . . j. ' n � . � O� • O O �A � CITY of ORONO � � � �� ti '�' RESOLUTION OF THE CITY COUNCIL �� G No. � 6 5 5 . kESH� 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 tra�c conditions, light, air nor pose a fire hazard or other danger to neighboring property; 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 substar?tial 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 has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, co.mments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. • CONCLUSIONS, ORD�R AND CONDIT'IONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.56, Subdivision I6(I) 1 and 2 to approve the clear cutting of shrubs and removal of mature trees within the lakeshore protected area and conservation area protected under an easement granted to the City and filed in the chain of title of the property, subject to the following conditions: 1. Applicant shall complete the following replanting schedule by July 15; 1996: �. Within the 0-75' setback area, 10 trees shall be planted. F3. In wetland area not included in the 0-75' zone, 5 trees shall be planted. , 2. The ��etland areas shall be protected under a new Conservation and Flowage Easement to be filed against the chain of title of the property. Any plan io alter or remove vegetation by applicant ir� the future must first be reviewed and approved by the City of Orono. ;. Authorities granted by this resolution run with the property not with the applicant, and are permissive only. • � Page 3 of 5 � °� � o o . � �b. - C ITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL �L`9$,E p4�'G NO. e� s D � � SII 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 misdemeanor. 5. 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. Adopted by the Orono City Council on this llth day of December, 1995. AT EST: � • �'a , . 0 othy a lin City Clerk Edward J. Cal an, Jr. ayor Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The faregoing instrument was ackno��ledged before me on this llth day of December, 1995, by E�iwar� J. �'allahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Ivlirti�lc:sr,ta mu.�-�icip%�l corporation and said instnunent was executed on behalf of the City. � �_ Not Public a:��. JAMIE L.BOSMA `` � NOTARY PUBLIC-MINNESOTA 'y"+ �- ' HENNEPIN COUNTY ��•�•°� My Comm�ssion Expires Jan.31,2000 • Page 4 of 5 C ,\ � O� • O O - �b. - .CITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � L�k'ESH�g'� No. � 6 5 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _day of , 199� ,before me a Notary Public withinand oi•saidCoc�iity,person llyappeared `�'1 d �n:e. known to me to be the �,erson(s) described in and who cuted the foregoing instrument, and acknowledged that he (tliey) executeci the same as his (their) free act and deed. r�� .�.'�•• JAMIE L.BOSMA �� ` NOTARY PUBUC-MINNESOTA ' " •' ' HENNEPIN COUNTY •~/MM��` My Commission Expires Jan.31,2000 NOta� PubliC STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this clay of , 199 , before me a Notary Public within and for said County,personally appeared lcnown to me to be til;, per:,on(s) descrired in and who executed the foregoing instrument, and acknowledged tl�at he (ti�ey) ex<<<�iited tlie same as his (their) free act and de�d. . Notaiy Public STATE OF MINNESDTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 199 ,before me a Notary Public withinandforsaid County,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument, and � acknowledged that h� (tl��y` executed tl:e same as his (their) free act and deed. Notar� Public • PaQe 5 of 5