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Home My WebLink AboutResolution 3565 ,,, ON. O O =.,k .- CITY of ORONO 14�� WW1roti RESOLUTION OF THE CITY COUNCIL .,4 •L' NO. 3 5 6 5 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 FILE NO. 1999 WHEREAS, David D. Vickerman and Vicki R. Vickerman (hereinafter "the applicants") are owners of the property located at 2475 Dunwoody Avenue within the City of Orono and legally described as follows: refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit construction of access stairs and landing located within the lakeshore protected area where 825 s.f. or 8.6% hardcover exists and where applicant proposes 529 s.f. or 5.55% hardcover where none is allowed and a variance to Section 10.55, Subdivision 8 that would allow approximately 18-25 cubic yards of fill to be installed in the lakeshore yard that would allow suitable soil to permit restoration of groundcover, and stabilize iakeshore bank in area of boathouse to be removed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1999. 2. The property is located in the LR-1C Lakeshore Residential Zoning District requiring 21,780 s.f. or one-half acre in area. The property consists of 35,450 s.f. or .81 acres. 3. The Orono Planning Commission reviewed this application on March 20, 1995 and May 15, 1995 and recommended approval of the variances as requested based upon the following unique findings and hardships: Page 1 of 5 0 4, ) =^:. :k,- CITYofORONO 1., IV" 4;w�h �G'� RESOLUTION OTgEnCTY COUNCIL IkESH0g NO. el s 0 _9 x A. Hardcover within the 0-75' setback area will be reduced by 296 s.f. or 3.10%. 361 s.f. or 3.78% of that hardcover consists of the allowed 188 s.f. for the stair and landing structure and 173 s.f. of rock walls needed to retain steep lakeshore bank. B. No other increases in hardcover improvements are proposed on the property. Hardcover is maintained at 25.46% in the 75-250' setback area and at 0% in the 250-500' setback area. C. Additional fill will be required to provide slopes that can maintain groundcover minimizing potential of further erosion in the area of the boathouse that will be removed in the summer of 1995. D. The existing stairs and rock walls are in a serious state of disrepair. No further expansion in retaining walls will be proposed but merely maintenance repairs to existing walls in order to ensure the stabilization of existing steep lakeshore bank. 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 variances 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 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 has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5 . . 4i‘ 0 0 _^ t.- CITYof ORONO �� 0 +ii- c.,, RESOLUTION OF THE CITY COUNCIL 9kESHOS; NO. 3 5 6 5 It CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit the construction of an access stair and landing and the filling of approximately 25 cubic yards of fill at the time of the removal of an existing boathouse and the restoration of groundcover within the lakeshore yards, subject to the following conditions: 1. Applicant to apply for a demolition permit for the removal of the boathouse. It shall be applicant's responsibility to immediately contact the City Engineer to inspect the area to determine most practical method for the stabilization of lakeshore banks and restoration of groundcover. 2. Any filling within the lakeshore yard shall be limited to those filling activities needed to provide more gentle, flatter slopes within the area of the boathouse. No other areas in the lakeshore yard will be filled for the purpose of altering existing elevations. Filling in these areas will be limited to the necessary soil cover to ensure the restoration of consistent groundcover. 3. It shall be the responsibility of applicant or applicant's agent to maintain suitable erosion control commencing with the removal of the boathouse until groundcover is restored within the lakeshore yard. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a demolition permit and building permit within one year of the date of Council approval, or this variance will expire on that date (June 12, 1996). 5. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 0 = �- CITY of ORONO 1.$4� G%i RESOLUTION OF THE CITY COUNCIL 9kESH04 NO. 3 5 6 5 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of June, 1995. AT EST: / • i , L..41... orothy M. r - i , City Clerk Edward J. Ca - Jr. ayor • Property Owner (s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ./!llllf!!!llflllllll-lllJlfl� LINDA S.VEE Notary Public NOTARY PUBLIC-MINNESOTA ,> HENNEPIN COUNTY 4 My Commission Expires Jan.31,2000 Page 4 of 5 • gv 0 4 . O O :to- CITY of ORONO �� 01117."1 �p. RESOLUTION OF THE CITY COUNCIL 4kESHOg' NO. i3 e 6 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /0-1 h day of Fi a y , 199 C , before me a Notary Public within and for said County,personally appeared V,��; r', 1/,,k'p v„n<h , r)'?,,rr,--zci 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. r_.0/Illlll!lllllllll./!!�!I!I� OA'/,.--e7......, �-� ,� -��!'�ihJ "`• CAROLE A.HASEMAN »\, s • •: NOTARY PUBLIC-MINNESOTA Notary Public °. ;• HENNEPIN COUNTY My Commission Expires Jan.31,2(100 •r f l lfllllllllll'fllyy- STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ,5-��' day of ....1--t /1 € , , 199 6 , before me a Notary Public within and for said County,personally appeared iJ a,,,, el '), I/,•c,kerm &i , m d rile/ 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 (t eir) free act and deed. 4- 746-.. l, (,/e._..J2._...-- fll-/fI_—llJ1J11llllI Notary Public °I:N� n: LINDA S.VEE 1 L ' '�; NOTARYPUBLIC-MINNESOTA,; HENNEPIN COUNTY ';_• MY Commission Expires Jan.31,2000 'yeJl.„.rllllj•3�ll„ .... „......, Page 5 of 5 � 4?,, 0,i. O O =, s�� CITYofORONO ll',i4 ,Al, �� 3 1 1. G~ RESOLUTION OF THE CITY COUNCIL -49kEsi4OV" NO. ;8 5 6 6s Resolution No. EXHIBIT A LEGAL DESCRIPTION Lot 6, Block 8, Townsite of Langdon Park, except that part described as follows: Commencing at a point on the Southerly line of said Lot 6 distant 265 feet Southwesterly of the most Easterly corner of said lot; thence Northwesterly at right angles to said Southerly line a distance of 10 feet; thence Southwesterly parallel with said Southerly line, to the shore of Lake Minnetonka; thence Southeasterly along the lake shore to the Southerly line of said Lot 6; thence Northeasterly along said South line to the point of beginning. i