HomeMy WebLinkAboutResolution 1392:. .. •
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 1_3_9_2 ___ _
A RESOLUTION APPROVING AN AFTER-THE-FACT
APPLICATION OF CORTLEN CLOUTIER FOR VARIANCES
AND A CONDITIONAL USE PERMIT TO PERMIT
LAKESHORE IMPROVEMENTS OF A PROPERTY LOCATED
AT 2480 CASCO POINT ROAD
WHEREAS, the City of Orono is a municipal corporation organized
and existing under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statute 412 et. seq., the City Council
of the City of Orono has adopted zoning regulations for the protection
of the public health, safety and welfare; and
WHEREAS, pursuant to Section 31.700 of th e Orono Zoning Code,
Cortlen Cloutier, hereinafter referred to as the applicant, has been
required to file an application for a conditional use permit for constructing
a retaining wall along the lakeshore of his property legally described
as Lots 1, 3 and 4, Block 1 and Outlot 1, Tillson's Villa Carman, hereinafter
referred to as the property; and
WHEREAS, pursuant to Section 31.831 of the Orono Zoning Code
the applicant has been required to file a variance application for
excavating, filling, construction of a retaining wall and for the proposed
construction of an access stairs, all of the aforesaid improvements are
located within 75 feet of the lakeshore; and
WHEREAS, the City Council has reviewed the application, the
recommendations of the Planning Commission and the Orono Staff and the
comments of the applicant.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City
of Orono hereby approves a conditional use perrni t and variances for the
construction of a retaining wall, excavation, filling and for the proposed
construction of an access stairs for Cortlen Cloutier based on one or
more of the following findings of fact:
1) The applicant erected a retaining wall without the necessary
permits along the outer edges of a sand beach to prevent
erosion of the steep banks into the defined beach area.
2) The construction of said retaining wall required the
excavation or cutting into of the bank and t he placing
of excess fill within 0-75' of the lakesho re .
3) The erection of the 30'' high retaining wall will permit
permanent plantings and seeding of the steep b anks.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1392
4) The wall, constructed of timbers and limestone, will
serve to support the disturbed bank and prevent further
erosion.
5) The City Engineer has inspected the site and wall construction
and recommends that the wooden timbers be continued approximately
8 feet at the east edge of the wall affording the neccessary
support to the disturbed bank.
6) The applicant will erect a wall of limestone only along the
remaining sand beach area and connect to rip rap along the
shoreline.
7) To require the removal of the retaining wall in its present
state would cause greater environmental harm.
8) The applicant will rip rap the entire shoreline of the property
to prevent further erosion.
9) The property has no defined lakeshore access.
10) The approach to the lakeshore is inhibited by steep, irregular
banks requiring an access structure for safe access.
11) The construction of the access structure will be supervised
by the Orono staff to assure the construction is consistent
with the .environmental standards of the Orono Zoning Code
and Comprehensive Land Use Plan.
12) The access structure will run from the top of the bank and
stop at level grade approximately 25' from lakeshore.
13) Council finds no problem with the proposed grassed sitting
area along the northeast side of the boat house as long
as the improvement will not involve disturbance of the
lakeshore banks or require permanent or temporary hardcover.
14) The special conditions applying to this property are peculiar
to such and do not apply generally to other land in the
district in which this property is located.
15) The approved lakeshore improvement plan for the property
is found to be consistent with the intent and objectives
of the Lakeshore residential zoning district (LR-lC) and
the environmental sections of the Orono Comprehensive Land
Use Plan.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1392
FURTHERMORE, BE IT RESOLVED that based on the aforesaid findings
the City Council of the City of Orono hereby approves the variances and
conditional use permit of Cortlen Cloutier subject to only the lakeshor e
.improvements described on the site plan dated July 6, 1982, page 5
of this resolution and as specified below:
1) Access structure to be constructed from top of lakeshore
bank and extend to level grade. Type of construction
subject to staff review.
2) 30 11 high limestone wall with timber structure supports
may be continued 8 1 along eastern edge and limestone
rip rap connected to ends of retaining wall until it
connects with lakeshore rip rap.
3) Rip rapping of the entire shoreline per standards setforth
by the DNR.
4) Grassed sitting area to east of boat house must not involve
permanent or temporary hardcover ·nor additional disturbance
of the lakeshore bank.
5) Prior to the commencing ·of improvement work, hay bales mnst
be placed along the shoreline.
Any ~iolation of this resolution or failure to comply with
all conditions will be considered a violation of the zoning ordinances
of the City subject to full prosectuion therefore.
Adopted this 12th day of
Orono City Council.
ATTEST:
c~~1'2« -~ 2
Alberta M. Strom, City Cle r k
3 of 5
July
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1392
I have read and understood the above resolution and agree on
behalf of myself, successors and assigns that the use of the above
described property may be so regulated by the City of Orono and agree
to the filing of a copy of this resolution in the chain of title to
my property.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
•
ss .
The foregoing instrument was acknowledged~ore me this
day Of c/' . 4 ·«4 , 19 8 2 , by C r~~ chk&~
Notary Public
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