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Home My WebLink AboutResolution 3520 O --- -- - � CITY of-ORONO O � O RESOLUTION OF THE CITY COUNCIL NO. 3520 Y 1 E8H A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND A VARIANCE TO SECTION 10.55, SUBDIVISION 8, AND SECTION 10.22, SUBDIVISION 1 (B) FILE NO. 1986 WHEREAS, David J. Yorks (hereinafter the "applicant")is owner of the property located at 2825 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 117, Spring Park, including that part of Lakeshore Avenue, vacated, and that part of the land between said vacated avenue and the shore of Lake Minnetonka lying between the sidelines of said Lot 117 extending to the shore of Lake Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied to the City for an after-the-fact conditional use permit and variance that would allow the reconstruction of a retaining wall within the Lakeshore yard per. Municipal Code Section 10.03, Subdivision 1.9, a conditional use permit is required for the installation of retaining walls and per Section 10.55, Subdivision 8, and 10.22. Subdivision 1 (B) the wall is located within the lakeshore protected area installed at a 25' setback from the shoreline where no such structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1986. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 14,835 s.f. or .34 acres. 3. The Orono Planning Commission reviewed this application on January 17. 1995 and recommended approval of the after-the-fact variances and conditional use Page 1 of 5 F—5005 0M Orono -CATY of ORONO 11 RESOLUTION OF THE CITY COUNCIL NO. 3524 0g� permit per Zoning Code Sections 10.03, Subdivision 19, 10.55, Subdivision 8 and 10.22, Subdivision 1 (B) to permit the 5-8' high replacement retaining wall on the property, based on the following findings: a. The lakeshore lot has a steep sloping Lakeshore bank and at the top or ridge of the bank an old timber retaining wall had been installed sometime in the 1950's. b. At the site inspection in November of 1994, the City staff and City Engineer confirmed that the former wall was in a serious state of disrepair and needed to be replaced prior to the spring thaw and rains of 1995. C. The wall could not be replaced in the winter months because of the condition of the soils. d. If the wall was to fail, this would involve the major collapse of the applicant's lakeshore bank and the loss of several mature plantings. e. Existing mature plantings have been saved during the reinstallation of the second retaining wall providing screening from the shoreline. f. The wall has been installed per the standards set forth by the manufacturer and under the directives of the City Engineer. 4. The 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 installation of a retaining wall will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire Page 2 of 5 Form 5005 Disk Dram CITY-of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3520 �9�E8H0g� 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 10.22, Subdivision 1 (B), and 10.55, Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19 for the installation of a 5-8' retaining wall that replaces a former timber wall at the lakeshore bank, subject to the following conditions: 1. 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 week of the date of Council's approval, or the special conditions of this resolution will expire on that date (February 20, 1995). 2. 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. 3. 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. Page 3 of 5 F"wos ask Orono CITY of- ORONO RESOLUTION OF THE CITY COUNCIL NO. $ 520 ti ESH Adopted by the Orono City Council on this 13th day of February, 1995. ATT ST: oro y M. alli , City Clerk �� . Dunn Gott , Acting Mayor Property wner s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) 1 A0 The foregoing instrumen was acknowledged before on this 13th day of February; 1995 by and Dorothy M. Hallen, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. •• CAROLE A HASEMAN J• NOTARY PUBLIC-MINNESOTA • NENNEPIN COUNTY MyCommisslanExptresJan 3t zoo Notary Public Page 4 of 5 Form 5005 NO Orono • O CITY of ORON :4� RESOLUTION OF THE CITY COUNCIL NO. 3 520 ti ESS STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this /i D 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 exeduded the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ,,. MMKawamm JAMIE L.BOW n Ze7N'eLl HW"COUNIY Nota blic �,y Cgm�slon�IIIM.31,1000 STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this 6�_, day of Ufa re, 91995 , before me a Notary Public within and for said County,personally appeared f,)�3 r j Kg ►,mac. r e�. 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 .. CAROLE A.HASEMAN ` NOTARY PUBLIC-MINNESOTA i HENNEPIN COUNTY •` My commission Expires Jan.31.200 (U Page 5 of 5 Form 5005 Dish Oro. 9 ' RESOLUTION #�O_ STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, ty Minnesota, do hereby certify that I have compared the foregoing copy of a resolutionofo hMinutes of the Council of the City of Orono with the original record of such resolution m proceedings of said City Council at a 1meeting and that the s maid lty e is aotrue1 e ld on and correct 9.5_. copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14th , day of F 19 q i D r thy M. a m, .CiClerk (SEAL) -REGISTERFn vni -,L77 7 PA(,. $_ 36 7.6 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY. MINNESOTA CERTIFIED FILED ON MAR 3 0 1995 C o am -2 lir TITLES RY_ _--- DEPUTY n A