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Home My WebLink About#03-2942 Recorded Resolution 5052~-U l 11 (' •·) ~),;/ .J .. > d 't:, 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 5.,......(}).............,.5 ~2~:, - A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-1286(b) and 78-966 FILE NO. 03-2942 WHEREAS, George E. Mileusnic and Marilyn K.. Mileusnic, husband and wife (hereinafter "the applicants") are the owners of the property located at 3243 Casco Circle within the City of Orono (hereinafter the "City") and legally desc1ibed as follows: Lot 15; All of the land, including the vacated highway, lying between the front or Easterly line of said Lot 15 and the shore of Lake Minnetonka, V and between the Northerly and Southerly lines of said Lot 15 extended to said lake shore, and being part of Government Lot 6, Section 20, Township 117, Range 23; All in Spring Park. (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1286(b) and 78-966 to allow constrnction of a 4 ' retaining wall and the import of fill in order to stabilize a 2:1 slope within 75' of the OHWL of Lake Minnetonka. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: . 1. 2. 3. FINDINGS This application was reviewed as Zoning File #03-2942. The property is located in the LR-1 C, Single Family Lakeshore Residential District. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the conditional use pe1mit based on the following findings: Metro Legal Services Inc. Box 491 Page 1 of 5 f' ' _, (]; .~ CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 0 I:!:' ,r, NO. .:ll 2 3. The Planning Commission reviewed this application at a public hearing held on September 15, 2003 and recommended approval of the conditional use permit based on the following findings: a. The existing 8' high retaining wall failed and caused a landslide on the lakeyard slope within 7 5' of the shoreline. b. The reconstruction of a wall 4' or less in height and maintenance of a slope no greater than 2: 1 is supported by the City's Engineer, and is necessary to stabilize the slope and protect the slope from further damage. c. The applicants have provided a restoration plan meeting the goals and intent of the Zoning Code and the Orono Community Management Plan. d. The Planning Commission finds that the plan should be amended to include two ne,v trees within the lake yard to soften the view of the restored slope. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants 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 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. CONCLUSIONS~ ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use pe1mit per Orono Municipal Zoning Code Section 78-1286(b) Page 2 of 5 ,, CITY of ORONO RESOLUTION OF THE CITY COUNCIL ~ 11\ f'" !tll NO. ~ u r.2f .G- and 78-966 to allow construction of a 4' retaining wall and the import of fill in order to stabilize a 2: 1 slope within 75 ' of the OHWL of Lake Minnetonka, subject to the following conditions: 1. Council approval is based on the restoration site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibits A, B & C . Any amendments to the plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2 . Authorities granted by this resolution run with the property not with the . applicants , but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (September 22 , 2004). 3. 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. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of the applicants and the applicants' heirs, successors an d assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 22 nd day of September, 2003. Barbara A. Peterson, Mayor ' Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No e'~ 0 f:;; ~ , <:,P V i>J' ?~ STATE OF MINNESOTA COUNTY OF HENNEPIN zcrf-h The foregoing instrument was acknowledged before me on this~~ day of September, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public ( · The foregoing ~nstrument was . acknowledged bef~re me on this 361~'day of ::;u)hmbvQ003 by Lmda S. Vee, City Clerk of the City of Orono, a Mmnesota mtlnicipal corporation and said instrument was executed on behalf of the City .. Notary Public Page 4 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No ~ o· .t.t_;; ?_;i~ • !),,, ' -~ State of Minnesota ) ) ss. County of Hennepin ) '2('-1 V' This instrument was acknowledged before me this.J_) day of by George E. Mileusnic, husband of Marilyn K. Mileusnic. c Rev_ c t_y ____ ( Notary Public State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowledged before me this d9 day of ;;?:flfe111 bi11, 2003 by Marilyn K. Mileusnic, wife of George E. Mileusnic. or::~JtSE M. LESKINEN i l' NOTARY PUBLIC. MINNESOTA ' My Commission Expires Jan. 31, 2005 .. i I f-2 /? (_~,fttt~~~f!--__ Notary Public Page 5 of 5 -oe( ~ -co -±. ~ ~.t:;J Loi 15, Sprin& Pa,Jc. also all the land, including the vacaccd highway, lying betweeo the f,ont or eulerly line ofaaid lot and the shore ofl.uc Minne1onb; and between the nonherly and southerly llnca of said Loi IS extended lo said lal:c shore, and being put of Government Lot 6, Section 20, Township 117, Range 23, and al.,o indicated on lhe plat ofuid Spring Park, according to lhc recorded plat thereof; Hc11Dcpin County, Minncsol.11 \D '" \ \ ·;d,· BM- □= WOOD STAKE Pl.ACE) BEARINGS ON ASSUMED DATUM ew = R~nHN1"w9w11l( .. ··-:,::::.::-:-·-. ~~ , --1, ,z.... (C'-a. 'Z. -t /!.cv, ft,r.) Pe~r; 10,wo, f?eviti?,:Z )/!Pr; f3 ,)oo-::s. .J = 1RON MON. SET ~qCPOSEOINFORMATION ____ :ST FLOOR ELEV. ____ SASEMENT El..EV. •= 1RCN MCN. iN?t;>CE ____ GAR.AGE Fl.CCR El.EV. ____ -:-cp 9LOCX E1.,,.-V. E&P ~-=DRAINAGE ·.lOO.O = EXIST. 8-0:V. ,coo.01,. pqoPOSED El.EV 000. 0 • EXIST ~ P'IOP :LEV LALi=zg ~ -7C4.Fld.l3~ ~-= a-....-= I h..-.oy.,.,,,, m.c 111111 carllllcaalot •UIW'f-__, Dy me I Data: _rf!'rr_ : .:-t:O"J q.,,.,m,,1e,n No •HOO toso~00 • SCCK-::>AGc 58 -zz. ~ /""-=?O, --- -, t~,~i~v~ -, /""-__, ~;~~ · tf?•.°0:- 60.2 .. \•.::.l . -·'--·.·_ +: ... ~·--~~- ----do -On:,w- --ConrolFlln: ·-----__ loott,.__.ln_.,_ --Sl,,poll2:1 -NGO~--- CD 0 LO EXlfJBJTc Mileusnic 3243 Casco Cr., Orono Boulder Retainage Side Section 4' Erosion Control Fabric 0 2 ~e P-300 Reinforcement Vegital Control stapled over new soils ,.,__,.: -1: ' ,.~- c tiJ)f.lcAte of Title : tl . ~) ' , : r•. 1 ;~ t~ ; .. :· __ ... ·'· I A ... Certificate Nurnber~;.11t~:1 !?7~1 Document Number: 3823207 f,} .... '.: ~J Transfer From Certificate Number: 53716:1 '· · --·· ,.. · .. : ' rt-. ',', "'= ... •C .•. ,.. ., Originally registered the 28th day of March, ;·ew. State of Minnesota County of Hennepin This is to certify that } S.S. ,i-' I i · , ,~ ·' Bo'ok: 81 Page:26054 Dist. Court No .: 2376 REGISTRATION George E. Mileusnic and Marilyn K. Mileusnic, whose address is 3243 Casco Circle, Orono, Minnesota, 55391 married to each other as joint tenants __ ,_ are now the owners of an estate in fee simple ..-·i ·~s:).S-lJ. D ~f f~~[T})z-,:•;' ... ,. A,~~f\~n O;: "/;•. of and in the following described land situated in ih{t:~r~~Jie_~;.pid..Jna~~~~i ;f ~;~£~~i':•. );fito~ ~~e land, inclu ding the vacated ,Qi~r~t n~Ji,z,,ir:is },~;:i~~2-~~t1,f said Lot 15 and the shore of Lake Minnetonka , and between the.,.~o ~tf!er~1,~~Sp ¼therly lines of saip.::Mi 15~~rtif'ed to said lake shore, and being a part of Government Lot 6, Section ~?_Q, T~'l ~w.~ i QJ~nge 23 ; -1St-'. r .. ~j. ,_ , ,1,.,.:1, .. ,.~~-JI , ~ * ·,-- All in Spring Park. 8 ~ :~~~-_:~___,:,=-• , ¢;,_;,.~ _ +:, : ~-3 Subject to the interests shown by the followlfl9 mei},orials a9~-toJ _lje fo r ~l,n~d~~~br~nces sfuj forth in Minnesota statutes chapter 508, namely: [1 " _-·1;JJ~•~·./;;\~~-I/ u~:..-.z ,..--~ ~ Q 1. Liens, claims, or rights arising under f.h:, laws or.,tlje:.C Ution;:o~~e 1:J11it,ed.,.Sfa\e~.hfc h1-the Stc\tutes of this state cannot require to appear of record; \-1 • ~ ~ ~ ll.0 ~---.:.. " .f-1 2. Any real property tax or special assessme,nt; " -::.t-. ,4j;~\ 1~~.-• ~ f::-t 3. Any lease for a period not exceeding th f l!,!i.,.yea fs; ,y1h~ 1'\1§:actuacl ·pc'cu lltJpiiof.·the_prem'lse§ ,~rider the lease; 4. All rig~ts in public high~ays upon the Ian_~;-, .,. .,Jt, ~ . ~. ,k;~' )-t -:~ • o> ---~_l:-7 5. Such_ right of appeal or ri~ht to app~ar and,d.o,nw ~,.f'!!! pJcat\O~l..,.,1s,al~o'<"e~~faf;i . ·~1;:-/ • 6. The rights of any person m possession uncf~r .. dee ~o_r«CoJ1trad"f\f9r-~cJ.fc.o,nLttrEH>wner-,~h.E1.-c~'tt1ficate of title; 7. Any outstanding mechanics lien rights which'·rnay exfsj ,. nder sections 51'4':tn ~fo-51~:'fi . /,::;-,,.. -<: , ' r;, • -"jJi • ·uw -~ ~ , .. _, Document Document Number Type 858274 Easement 3823208 Mortgage ,:..._/ >~. l.i "'' Oi w"" ~ » " ""· \ ~ _,,·"··,>/ ··<I·,. ~ I !J ,/l co ,.,·•·,'-··· Date of Registration Month Day, Year Time Sep 21, 1966 08:00 AM Aug 28 ,2003 02:00 PM ·,.1..,!_;~:r-r-,.,. _ ~ ·:i : --:r(:S_;,./ ·-/...:.;' ! :·1 -J--~--17 ··1.·7,', _\. ..... • ---l..L _J L,.L --- MEM" IALS Amount($) 576 ,000.00 Running in Favor of City of Orono Granting a perpetual underground utility easement over pt of above land Seelnstl U.S . Bank N.A., 4801 Frederica Street Citv of Owensboro State of Kentuckv IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of my office this 28th day of August, 2003. MICHAEL H. CUNNIFF Registrar of Titles, In and for the County of Hennepin and State of Minnesota. ~ :.;:; 3~ylb36 L\ J \\ \'d-.'li ~ OFftlCE OF THE REGI STRAR- ~-• OF TITLES .., \ 0 ~ J HENNEPJN COUNTY, MINN ESOTA CERTIFIED FILED ON · FEB -5 2004 -t' . , '-;;.._tj -::- ._, \ ✓- ~TITLES 3Y \f?, · ,EPUTY - ) lp ,. ~ ~\~Y' ~