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HomeMy WebLinkAbout#1339 Resolution 2538City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2538 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 FILE 11339 WHEREAS, David E. F. Lee (hereinafter "the applicant") is the owner of the property located at 2695 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Auditor 1 s Subdivision No. 265, Hennepin County, Minnesota (hereinafter "prope~ty")~ and WHEREAS, the applicant has made after-the-fact application to the City of Orono to permit retaining walls and certain land alterations within 75' of the lake where Section 10.22, Subdivision 2 would allow no structures or land alterations and per Section 10.03, Subdivision 19 seeks approval of a conditional use permit for the retaining walls and land alterations within the lakeshore of the property. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1339. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District requiring a minimum of .5 acres of dry contiguous land in area. 3. The property consists of approximately .4+ acres in area. 4. The Orono Planning Commission reviewed this application on October 17, 1988 and recommended approval of the proposed after-the-fact variances and conditional use permit as set forth. above, based on the following findings: A) The proposed lakeshore improvement will prevent the continued erosion of the lake shore bank and provide stabilization of the lakeshore bank. B) The Orono inspection staff has confirmed the former retaining walls and access stairs were in a deteriorated and unsafe condition. City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2538 5. The Orono Council conceptually reviewed this application on October 24, 1988 and recommended approval of the after-the-fact variances and conditional use permit but asked for specific alterations of the existing retaining wal 1 and changes in the final grades within the upper wall sections. This approval was based on the following findings: A) The lakeshore restoration plan as amended by the Council is more consistent with the guidelines established by the City in the consideration of similar after-the-fact applications. B) As amended, the wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60%. C) The proposal as amended by the Council would retain the sub­ structure of the upper retaining walls that would continue to provide the needed stability of the disturbed bank area. Final grades at 2½:l slope within the upper retaining wall areas will also allow for vegetation to return. 6. The City Council finds that the conditions existing on this pro­ perty 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 demon­ strable 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. 7. The City Council finds that granting a conditional use permit to allow the retaining wall structure to remain in the lakeshore yard as amended 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 properties, nor will it 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. Page 2 of 8 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2538 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants after-the-fact variances to Municipal Code Section 10.22, Subdivision 2 and an after-the-fact conditional use permit per Section 10.03, Subdivision 19 that would allow the existing retaining wall to remain as modified by the Council in addition to approving certain land alterations within the lakeshore protected area, subject to the following conditions: 1. The existing retaining wall to be altered per Option 2 as set forth in the City Engineer's report and sketch enclosed with this resolution as Pages 6, 7 and 8. 2. Banks to be restored to 2½:l slopes within the area of the upper two tiers of the altered retaining walls. Applicant's landscape architect may advise on appropriate ground cover and plantings for this area. Erosion control must be maintained at the time of the commencement of the restoration until ground cover is restored. 3. Installation of a soils separater blanket and stone rip rap at the base of the lower wall and drain holes installed near the base of each wall as recommended by applicant's landscape architect, James Robin, in his letter to the applicant dated August 31, 1~88. 4. Access stair structure to remain subject to planters being installed along one side so that only a 48" stair width remains. Appropriate plantings to be provided within the planter box areas. Detached lower access stair structure to be re-aligned and permanently attached to lower wall structure. 5. The applicant must complete the entire restoration as set forth above and on Pages 6, 7 and 8 of this resolution by June 30, 1989. Applicant shall call for regular inspections by the Orono inspection staff upon the commencement of the restoration. Applicant must apply for a building permit from the City of Orono prior to the required improvements. 6. Violation of or non-compliance with any of the terms and condi­ tions 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. 7. 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 8 City of ORONO RESOLUTION OF THE CITY COUNCIL --~ NO. 2538 Adopted by the Orono City Council on this 14th day of November, 1988. Page 4 of 8 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2538 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /)f,r!-1 day of Alv&YJP\r..f! , 1989 before me a Notwy Public within and for said county, personally appeared L )AVID L rf, · 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. MY COMMISSION EXPIRES STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) On this ,!)9{!-, day of Nc1 cJ--z,~_Cv I 198?: before me a---.Notary PubAic.within and for said County, personally appeared JJnf-u'n_.1·0-.. {'(_· j._Q_-f._ known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. 'TMnnA I.. NAAB lllffAIIYPU!liUO • MINNESOTA HENNEPIN COUNTY "" I 5~---N-92 NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 8 ... --r Bonestroo Rosene Anderlik & Associates Otto G. Bonestr00. P.E. Robert W. Rosene. P.E. Joseph C Anderlik. P.E. Bradford A Lemoerg. P.E. Richard E. Turner. P.E James C Olson. P.E. Glenn R. Cook. P.E. Thomas E. Noyes. P.E. Rot>ert G. Schunicht. P.E. Marvin L Sorvala. P.E. Keirn A Gordon. P.E. Richard W. Foster. P.E. Donald C. Burgardt. P.E. Jerry A · Bourdon. P.E. Marie A Hanson. P.E. Ted K. Fleld. P.E. Thomas W. Peterson. P.E. Michael C Lynch. P.E. James R. Maland. P.E. Kenneth P. Anderson. P.E. Keirn A !!achmann. P .E. Mar1e R. Rolfs. P.E. Charnes A Eridcson -.• ,:j Leo M. l'awels.lcy Engineers & Architects September 27, 1988 City of Orono Box 66 Crystal Bay, MN 55323 Attn: Ms. Jeanne Mabusth Re: File No. 139-1339 David Lee Dear Jeanne, Michael T. Rautmann. P.E. Robert R. Plefferle. P.E. David O. LosJ<oca. P.E. RESOLUTION #2538 ROl:lert C. R~ Al.A Thomas E. Angus. P.E. Howard A Sanford. P.E. H~ M. Olson Susan M. E?ler!in Mar1C A. ~ip We inspected the David Lee property at 2695 Casco Point Road. The lake shore has been altered by the construction of several retaining walls. We do not know what condition the lake shore bank was in prior to construc­ tion. We did review the site several years ago with the previous o"ii7Iler and the lake shore bank appeared stable. The retaining tential for ent with City wall construction will stabilize the bank future slope failure. The construction, approvals on other applications. and minimize the po­ however, is not consist- There are three basic options for addressing the problem with many variations of each option. The first would be to leave the walls in place and camouflage them with bushes and shrubs as proposed by Janes Robin. The second would be to modify the walls leaving sections in place to stabilize the bank. The area would then be graded and ground cover established tq restore the bank. The third would be to remove the walls entirely and restore tlie bank to its original condition. Option one is structurally the City. not consistent with previous city approvals. The proposal is sound but does not provide the lake shore continuity desired by Option two would leave the lower lake shore wall exposed and the upper two walls would be buried. The wall sections would continue to provide stability for the bank but wall exposure would be reduced by 60 percent. We have indi­ cated the amount of wall to be removed on the attached drawing. Page 1. 24 Page 6 of 8 2335 West Highway 36 • St. Paul, Minnesota 55113 • 612-636-4600 :--- City of Orono Orono, MN Re: File No. 139 September 27, 1988 RESOLUTION #2538 Option three would not have any wall exposed and the bank should be reinforced with fabric or buried cribbing for stability. It may be possible to leave small sections of the upper wall in place for stability. The bank would be steep and special ground cover mats would be required to hold the new grass or plantings inplace. Ve would recommend that the City follow option two or three. If you have any questions, please contact this office. Yours very truly, BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC. -4~;e_~ Glenn R. Cook GRC:li Encl. 24 Page 2. Page 7 of 8 r RESOLUTION #2538 J?e.,-v,oue. 3 ~~'•~I~ -------------. -·-·· .. (Cf} ~M~ H~ v~ i?d/0+2 .::::..: ,, 0 d r /<emov<. " ,r;J·· r r----1 t--I t--t ~~-r~. \_~ J ?1'--1~4,-{,D ~-Nb~ -:~io-J... z., james robin .ands cape --architect 2 3 4 2 0 park street excelsior, minnesota 5 5 3 3 l 612/474::3945 J