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Home My WebLink AboutResolution 3440 �:}, ' `: � O� O ,. p CITY of ORONO • �:��'� RESOLUTION OF THE CITY COUNCIL � ' y ��ti,:.. ��, rro. 3 � 4 0 ��9� og�G EBI'i � A RESOLUTION GRANTING VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, SECTION 10.56, SUBDNISION 16 (C-5), AND SECTION 10.56, SUBDIVISION 16 (L), AND GRANTING A � CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1931 WHEREAS, Megan Tully and James McManus (hereinafter the "applicants") are the owners of the property located at 1910 Shadywood Road within the City of Orono (hereinafter "City") and legally described as: Lot 31, Shadywood, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have made application to the City of Orono to permit • the replacement of an existing retaining wall and stairway system at the lakeshore, requiring variances to Municipal Code $ections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, � Subdivision 16 (L) to allow hardcover in the 0-75' lakeshore setback zone, and a variance to Section 10.56, Subdivision 16 (C-5) to allow retaining walls which are prohibited in the shore setback zone, and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 19. NOW, THEREI'ORE, BE IT R�SOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1931. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 16, 1994 and on a vote of 6 to 0 recommended approval of the necessary variances and conditional use permit for replacement of the existing retaining wall system based • Page 1 of 5 ' Fam 5005 DisM Orono , - , � ��' CITY of ORONO O :,� O • � �°�?��=� RESOLUTION OF THE CITY COUNCIL '� �'��, �'b�� , No. 3 4 4 0 , '�� ;, .a, Gti , , �`�k'EsBOg'� on the following findings: � a. The property cunently contains an existing deteriorating timber retaining wall and stairway system. b. The existing retaining walls and stairway are located within 25' of the shoreline, and provides stability to an unvegetated portion of the approximately 10' high lakeshore bank. c. The new retaining walls will be similar in function and visual impact to the existing walls. The flat planter areas which currently exist will be . similarly maintained as nonhardcover. The stair system meets the 4' maximum width requirement for lakeshore stairways. , d. The existing retaining wall system/stairway hardcover is approximately • 1.8%. The proposed wall/stairway system will be 1.7%, a slight decrease in 0-75' hardcover. There is no other hardcover in the 0-75' zone. e. No other grading work or walls are proposed on the north side of the stairway. This area has significant vegetation in place and any disruption of that vegetation could negatively impact the stability of that slope. f. The City Engineer has reviewed the proposed plans and finds them acceptable from an engineering standpoint. His findings should be incorporated into this approval. ' g. Planning Commission finds that approval should appropriately be conditioned on proper erosion controls, appropriate vegetation screening, and a two week time frame for completion of the project to minimize erosion potential. h. The Planning Commission finds that if applicants choose, a "Keystone" block type retaining wall/stairway system under these same parameters would be acceptable rather than the initially proposed timber wall system. 4. The City Council finds that the conditions existing on this property are peculiar • Page 2 of 5 Fam 5005 INsk Orono � J , ' . � ��' CITY of ORONO O :� O • �?a T� RESOLUTION OF TI� CITY COUNCIL '� '1 ., •"n�� , N0. :� � 4- � '�,� Y, a, G� �`�k'ESBOg'� 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 properties; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 replacement of the existing retaining wall system 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 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 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (L) to allow replacement of hardcover in the 0-75' lakeshore setback zone, and grants a variance to Section 10.56, Subdivision 16 (C-5) to allow construction of retaining walls where they are normally prohibited in the shore setback zone, and grants the . conditional use permit required for lakeshore alterations per Section 10.03, Subdivision 19, subject to the following conditions: l. Hardcover in the 0-75' zone shall not exceed 1.7% (96 s.f.). and construction shall adhere to the approved plan attached as Exhibit A. 2. Applicants shall obtain the necessary land alteration permit prior to construction. 3. Prior to issuance of the land alteration permit, applicants shall provide a planting schedule for vegetation, screening of the wall system acceptable to City staff. . 4. Proper erosion control procedures shall be established and maintained during construction activity in accord with MPCA's "Best Management Practices for • Page 3 of 5 Fotm 5005 Oisk Omm + � • ,� . � O� � CITY of ORONO O O • `� �,e�=� ,� RESOLLITION OF THE CITY COUNCIL � ��' ' ..�.:;. ,� ,� � �., n�-=�' �, N0. � �. dt � s, �b, �, '�� , g�G k'E38� Protecting Water Quality in Urban Areas", and in accord with the provisions of Shoreland Regulations, Section 10.56, Subdivision 16 (J). 5. In order to minimize the period during which the shoreline is disrupted, the retaining wall/stairway replacement project shall be completed within two weeks of commencement. 6. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a land alteration . permit within one year of the date of Council approval or the special conditions of this resolution will expire on that date (June 13, 1995). 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, 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. Adopted by the Orono Ciry Council on this 13th day of June, 1994. AT ST: . Dorothy . H llin, City Clerk Edwar J. Callahan, Jr., Ma or Gabriel Jabbour, Acting Mayor P erty Owner(s) • Page 4 of 5 ' - Fam 5005 DisX Orono �; .,. �r . , � '� � O� O .. Q . CITY of ORONO � �`�'.e�=� RESOLUTION OF THE CITY COUNCIL � ��'. ' ..;� .:_ �, ,� � �Y a�� , , NO. a.��' � O ��, og�G E38 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � The foregoing instrument was acknowledged before me on this 13th day of June, 1994, by L�a'rd-�1C��flu�r. and Dorothy M. Hallin,�bg�n��t9'�lerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A, HASEMAN /� Nor�r Pus��uESar� �//�iY,r-Q J( � ��-r��—�-.�� - I ��.,��, Notary Public STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) On this -f-h day of 7;, , 199�, before me a Notary Public within and for said County,personally appe red --- y �n � 6)n,v,Gr r� , 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. CAROIE A. HASEMAN �HE NN EPIN MOUNI'YA J MY�M��9�� Notary Public STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) On this � day of , 199�,G , before me a Notary Public within and for said County,personally appeared ' �- 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. � CAROLE A. HASEMAN Notary Public NOTAAY PUBLK'r-MINNESOTA � HENNEPIN COUNTY r MY COMMISSION D(PIRES 823�94 Page 5 of 5 Fam 5005 Disk Orom ' � " . EXHIBIT A ' • � ' Resolution No. 3440 . � � � , ; •----_. . - . • � y � W • • O O � 44 b • . . r � iD � / WN •' • . � ( � nur �7 � � N W • 1 J ` U — ll�1�J� p� l�+- �'�� . " , ►- _ . � °� f�jW ��t w � ? ��n=� �- , .� _�_ 3 :�;��wi.�b�,,n • a =an=t�� . �_ ;�;_��I-,.`�_�"-�}� • W �_i�ky� � �. " �!1 ° -—� � �' ��_•a :t:` - r�i II- J I � �J:dl� .W � —��— 0 '� =�1=�l_ . —� W �� _ ;� , ��'=� � � "f ��-n�`�� n . 3� . ,�r11e� W ' '�'-fi ¢ - _ ��'P' m � - — ��' �L C = �� .Q �� L Z 1� ��:� � `�� ~ ¢ I �L�s � ` _1 -�'� � ' a • 1- � ' j W ;�- . � W = z w << <<� o � � ' � '; ' y N } ¢ � , c.r• �,; � i,� ''' . ��e � �; � - 4: ;�1 ' �i i �•, ' r1��" I �3 �•� 0 3 , I � � � r - r � � . � „ X � i � _� U • � � � ��- irt �� _ V� �� !' � •�i 1. �� /1 u'� ; � �i � c.i• • �rM � �� , •�t �� ,1 � � ,� J in � � • Q Q X 1,/� �� . V � V� S nl , tL :e i . H ' r � J Q � N j' . �— � � ! � ' _ ' '__ "y— _ 2 r � •'- � N _ ' ' "_ Q = � o - . I - + a � � ` U 6 y - - - 1 � - � �°� . W - _ � . ¢ _ --- - , z � o . 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