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Home My WebLink About#07-3294 Recorded Resolution 564311111111111 1111 i,111 I II Doc No 4430206 09/25/2007 10:00 AM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 344784 New cert Cert 1109820 61 Deputy 59 Fees $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING A HARDCOVER VARIAN CE FROM MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT FOR RECONSTRUCTION AND CONSTRUCTION OF RETAINING WALLS WITHIN THE O -75 FOOT SHORELAND ZONE PER SECTION 78-966 FILE NO. 07-3294 CITY of ORONO RESOLUTION OF THE CITY COUNCIL 5 6 4 3 NO. _______ _ A RESOLUTION GRANTING A HARDCOVER VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT FOR RECONSTRUCTION AND CONSTRUCTION OF RETAINING WALLS WITHIN THE O -75 FOOT SHORELAND ZONE PER SECTION 78-966 FILE NO. 07-3294 WHEREAS, Ronald E. Demshar and Margaret L. Martin, husband and wife, (hereinafter "the Owners") are the owners of the property located at 2821 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as Lot 118, Spring Park, and that part of Lake Shore A venue, now vacated, lying between extension across it of the side lines of said lot and including the land lying between said vacated avenue and the shore of Lake Minnetonka, lying between extensions across said strip of land on the side lines of said Lot 118, according to the recorded plat thereof on file or of record in the office of the Register of Deeds, in and for Hennepin County, Minnesota; and WHEREAS, the owners have made application to the City for a conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow construction and reconstruction ofretaining walls within the 0-75 foot shoreland zone; and WHEREAS, the Owners have made application to the City for a variance from Orono Municipal Zoning Code Section 78-1288 to allow the hardcover associated with the retaining walls when no hardcover is allowed in the Oto 75 foot zone; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on July 16, 2007, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 LJ. ?; FINDINGS 1. This application was reviewed as Zoning File #07-3294. 2. The Planning Commission reviewed this application on July 16, 2007 and on a vote of 6 -0 recommended approval of the conditional use permit for construction and reconstruction of retaining walls within the 0-75 foot shoreland zone and a hardcover variance for the associated hardcover based on the walls being necessary to maintain the steep slope and preserve two large trees. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 variance 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 owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial prope1iy right of the owners; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use pe1mit for retaining walls within the 0 to 75 foot zone and a variance to allow the hardcover associated with the retaining walls in the Oto 75 foot zone, subject to the following conditions: 1. Council approval is based on the site plan submitted by the owners and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. S 6 L1. j 2. Hardcover associated with these retaining walls shall be limited to 48 square feet. Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Authorities granted by this resolution run with the property not with the owners, but are pem1issive only and must be exercised by obtaining a building permit for the walls before September 24, 2007 or the variance will expire on that date. 4. Violation of or non-compliance with any of the tem1s and conditions of this resolution shall constitute a violation of the zoning code , shall automatically tenninate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned Owners have read, understand, and hereby agree to the terms of this resolution and on behalf of the owners and the owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 23rd day of July, 2007. ATTEST: Linaa S. Vee , City Clerk /1/ j~ 1/1~~~ ~emshar Page 3 of 4 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 4 3 This instrument was acknowledged before me this 1¥1ay of ~oirruhnV: 2007 by Ronald E. Demshar, husband of Margaret L. Martin. ~' l\1<6/t~:t.AAAAIIIIVtl!JVl/4/,>Mf,.AAj!j CHRISTINE M. MATTSON I NOTAflY PUtn.lC•MINNESOTA My Coom1iSIJion Expltaa Jan. 31, 2009 -~flNl,li'Aft,r~M,V1.N'..t".NlNVIHIII STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this~day of~t)Qf, 2007 by Margaret L.Martin, wife of Ronald E. Demshar. '<!W<.¾v,;/<~1111 CHRISTINE M. MATTSON I NOTMiY PUBUC•MINNESOTA i.1-/ Gtfillll,1-1\oo ExplJ8$ Jan. 31, 2009 ''IIVIAf\Nl!IIP.liJ,¾t,;,,f,,<\/,l'/'N<.~~l!I Cb~~ \\1\ ~\000~- Notary Public Page 4 of 4 ZONING FILE NO. 07-3294 EXHIBIT A RESOLUTION NO. . 7;.' -. (:t .,ff; STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on July 23, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. . WITNESS my hand officially as such City Clerk and the Corporate seal of the :!: ,,·. rd · ts _3_ day of August , 2007. ,/~; '/~·¥"\'-' City Clerk