HomeMy WebLinkAbout#11-3518 Recorded Resolution 6078' I
1111111111111111 1111
Doc No A9702337
Certified filed and/or recorded on
10/10/11 12:00 PM
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
Jill L. Alverson, County Auditor and Treasurer
Deputy 53 Pkg ID 742173
Doc Name: Conditional Use Permit
Document Recording Fee $46 .00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
AND HARDCOVER VARIANCES
PER MUNICIPAL ZONING CODE SECTIONS
78-966, 78-967, 78-1247, 78-1283, 78-1286(B) & (D), and 78-1288
FILE NO. 11-3518
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
6 0 7 8 NO. ______ _
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT
AND HARDCOVER VARIANCES
PER MUNICIPAL ZONING CODE SECTIONS
78-966, 78-967, 78-1247, 78-1283, 78-1286(B) & (D), and 78-1288
FILE NO. 11-3518
WHEREAS, William H. Koch and Laura D. Koch, a manied couple
(hereinafter "the Applicants") are the owners of the property located at 3251 Casco Circle
within the City of Orono (hereinafter the "City") and legally described as follows:
Lot 11, also that part of vacated Lake Shore Avenue, and of the tract ofland lying
between said vacated A venue and the shore of Lake Minnetonka, which lies
between the Easterly extension of the Northerly and Southerly lines of said Lot
11, Spring Park, Hennepin County, Minnesota.
(hereinafter the "Property"); and
WHEREAS, the Applicants have made application to the City of Orono
for a conditional use permit to conduct land alteration activities within 75 feet of Lake
Minnetonka per Orono Municipal Zoning Code Sections 78-966, 78-967, 78-1247, 78-
1283, and 78-1286(B) & 78-1286(D) to allow for the stabilization and restoration of the
lake slope. Construction of a new lake access stair is also proposed; and
WHEREAS, the Applicants have made application to the City of Orono
for a variance from Municipal Zoning Code Section 78-1288 to allow 4,087 square feet
of hardcover within the 75' to 250' zone to allow construction of a lakeside patio and
retaining wall, and reconfiguration of the existing driveway.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 11-3518.
Page 1 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 0 7 8
2. The Property is located in the LR -1 C, Zoning District which requires a
minimum lot area of 0.5 dry acres and a minimum lot width of 100 feet.
3. The Plaiming Commission reviewed this application at a public hearing
held on August 15, 2011 and recommended approval of the conditional
use pem1it and hardcover variances based on the following findings:
a. The lot is 0.35 acre in area and has 60 feet of width.
b. The lot is provided with City sewer.
c. The Applicants' existing driveway was not built to current
dimensional standards and is not functional.
d. The slope is slowly slumping lakeward and the lake access stairs are
tipping lakeward and are unsafe. The conditional use permit is
necessary in order to conduct land alteration activities to repair the
slope and constmct a safe stair system.
e. The Applicants have submitted slope restoration plans which are
currently under review by the City engineer.
f. The Applicants' plan indicates that a subterranean wall/support system
will be utilized and the resulting slope planted with vegetation
resulting in a natural-looking slope when viewed from the lake.
g. The Council found no practical difficulty exists which would support
granting of the requested 75' to 250' zone hardcover variance for the
lake side patio and retaining wall.
h. The 75' to 250' zone hardcover variance for the lake side patio and
retaining wall would serve merely as a convenience to the Applicants
and the Applicants will not be deprived of a substantial property right
by denying the hardcover variance.
1. The Applicants' request will alleviate a practical difficulty with the
driveway inherent to the Property and not created by the Applicants.
Page 2 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
6 0 7 8 NO. _______ _
J. The Applicants' request will not alter the essential character of the
neighborhood and will result in minimal negative impact on adjacent
properties.
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 and conditional use pem1it on the health, safety and welfare of
the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use permit to conduct land alteration activities within 7 5 feet of Lake
Minnetonka including a lake access stair per Orono Municipal Zoning Code Sections 78-
966, 78-967, 78-1247, 78-1283, and 78-1286(B) & 78-1286(D) in order to repair and
restore the stability of the slope; hereby grants a variance to Orono Municipal Zoning
Code Section 78-1288 to allow reconfiguration of the driveway within the 75' to 250'
zone; and hereby denies the portion of the 75' to 250' zone variance to allow a 416
square foot lake side patio and retaining wall, subject to the following conditions:
1. Council approval is based on the survey, driveway and slope plans submitted by
the applicant and annotated by City staff, attached to this Resolution as Exhibits
A, B & C. Any amendments to the plans which are not in conformity with City
codes will require further Planning Commission and City Council review.
2. Hardcover shall not increase above the existing and approved levels as follows:
273 s.f. of hardcover (6.1%) within the 0-75' zone; and 3,671 s.f. of hardcover
(35%) within the 75' to 250' zone. Applicants are advised that any requests to
increase hardcover beyond the allowable limits established in City Code Section
78-1288 shall require City approval, and will not likely be approved.
3. Slope stability and structural design calculations must be submitted for review
along with the plans and geotechnical investigation report. These plans must be
approved by the City Engineer prior to issuance of the administrative zoning
permit for the land alteration activity on the lake slope.
4. A general planting plan shall be submitted for the administrative zoning pennit
review. This plan shall show a general planting pattern over the slope area. It shall
Page 3 of 5
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 0 7 8
provide enough detail to dete1mine or state the density of the plants as proposed.
This plan shall be submitted and approved by the City p1ior to the closing of the
escrow account.
5. The Applicants must retain a qualified third party to review actual site conditions
and dete1mine whether or not design parameters used are valid, as well as to
observe the work throughout construction operations. The erosion protection of
the slope directly affects the stability of the slope therefore proper erosion
protection shall be used. Major work items must be documented as being or not
being in conformance with the approved construction drawings. Similar to Special
Inspections in the International Building Code, this service cannot be performed
by the Contractor doing the work. Submittal of the inspection reports is required
prior to the closing of the escrow account.
6. Authorities granted by this resolution run with the property not with the
Applicants, but are permissive only and must be exercised by obtaining a zoning
permit for the land alteration within one year of the date of Council approval, or
conditional use pe1mit will expire on that date (September 26, 2012).
7. 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.
8. The undersigned Applicants have read, understand and hereby agree to the terms
of this resolution and on behalf of the Applicants and the Applicants' heirs,
successors and assigns, hereby agree to the recording of this resolution in the
chain of title of the Property.
Page 4 of 5
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 6 0 7 8
U .1-J.f(0~
Lili Tod McMillan, Mayor
This instrument was acknowledged before me this~:} day of ¥
by William H. Koch, husband of Laura D. Koch.
,20JJ
~82e~~~.k~ -·-
MONICA A. FADNESS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan . 31, 2012
STATE OF MINNESOTA
COUNTY OF HENNEPIN
~rm~~
otary Public
This instrument was acknowledged before me this .!?;}_ day of 0,,l,et . , 20 j_{
by Laura D. Koch, wife of William H. Koch.
MCNleA A. P.Al:)NESS
NOTARY PUBLIC-MINNESOTA
My Commission Expires Jan. 31, 2012
Page 5 of 5
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Resolution
Exhibit B
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CITY OF ORONO
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The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on September 26, 2011, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this .28 th day of September , 2011.
City Clerk