HomeMy WebLinkAbout#1986 Recorded Resolution 3520CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 2 0
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MlJNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19
AND A VARIAN CE TO SECTION 10.55, SUBDIVISION 8,
AND SECTION 10.22, SUBDIVISION 1 (B)
FILE NO. 1986
WHEREAS, David J. Yorks (hereinafter the "applicant") is owner of the property
located at 2825 Casco Point Road within the City of Orono (hereinafter "City") and legally
described as follows:
Lot 117, Spring Park, including that part of Lakeshore A venue, vacated, and that
part of the land between said vacated avenue and the shore of Lake Minnetonka
lying between the sidelines of said Lot 117 extending to the shore of Lake
Minnetonka, Hennepin County, Minnesota (hereinafter the "property"); and
WHEREAS, the applicant has applied to the City for an after-the-fact conditional
use permit and variance that would allow the reconstruction of a retaining wall within the
lakeshore yard per Municipal Code Section 10. 03, Subdivision 19, a conditional use permit is
required for the installation of retaining walls and per Section 10.55, SubdiYision 8, and 10.22.
Subdivision 1 (B) the wall is located within the lakeshore protected area instailed at a 25' setback
from the shoreline where no such structures are allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council ·-of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1986.
2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning
District requiring 21,780 s. f. or one-half acre in area. The property consists of
14,835 s. f. or .34 acres.
3. The Orono Planning Commission reviewed this application on January 17, 1995
and recommended approval of the after-the-fact variances and conditional use
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form SOOS DiskOrono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 2 0
permit per Zoning Code Sections 10.03, Subdivision 19, 10.55, Subdivision 8 and
10.22, Subdivision 1 (B) to permit the 5-8' high replacement retaining wall on the
property, based on the following findings:
a. The lakeshore lot has a steep sloping lakeshore bank and at the top or
ridge of the bank an old timber retaining wall had been installed sometime
in the 1950's.
b. At the site inspection in November of 1994, the City staff and City
Engineer confirmed that the former wall was in a serious state of disrepair
and needed to be replaced prior to the spring thaw and rains of 1995.
c. The wall could not be replaced in the winter months because of the
condition of the soils.
d. If the wall was to fail, this would involve the major collapse of the
applicant's lakeshore bank and the loss of several mature plantings.
e. Existing mature plantings have been saved during the reinstallation of the
second retaining wall providing screening from the shoreline.
f. The wall has been installed per the standards set forth by the manufacturer
and under the directives of the City Engineer.
4. The 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 properties, 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 finds that granting a conditional use permit to allow the
installation of a retaining wall will not be detrimental to the health, safety or
general welfare of the public, would not adversely affect light, air nor pose a fire
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Form5005 OiskOrono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 2 0
hazard or other danger to neighboring property, 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 1 (B), and 10.55,
Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19 for the
installation of a 5-8' retaining wall that replaces a former timber wall at the lakeshore bank,
subject to the following conditions:
1. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a building
permit within one week of the date of Council's approval, or the special
conditions of this resolution will expire on that date (February 20, 1995).
2. 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.
3. 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.
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form5005 DiskOrono
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 5 2 0
Adopted by the Orono City Council on this 13th day of February, 1995.
ST ATE OF MINNESOTA )
) ss. --· (
COUNTY OF HENNEPIN ) )°':v,AJJt::litJ~ :Iv"~<:.::,
The foregoing instrumen;/was acknowledged before /4 on this 13th day of
Febrnary, 1995 by Ed1;.rard J. Callaha(J.i:.. and Dorothy M. Hallin,(M;yor and City Clerk of
the City of Orono, a Minnesota municipal corporation and said instrument was executed on
behalf of the City.
CAROLE A. HASEMAN
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan. 31, 2000 Notary Public
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ro,m500~ Disk Orono
~ .. '
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 8 5 2 0
On this ,:-;) IJ D day of ~ ... !YL/J..)L.c)\ , 199 J-, before me a Notary Public
within and for said County, personally appeared ~ ' ·
known to me to be the person(s) described in and who exe d the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L. BOSMA
NOTARY PUBLIC-MINNESOTA
HeNNEPIN COUN1Y
My Commission eq,lrls Jin. 31, 2000
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
-0-~cft ~rhJUL-~ d
Nota~bl'
On this 0 -11, day of Ila rr• J, , 199 5 , before me a Notary Public
within and for said County, personally appeared D~, r; <! ~. ·y cir/('=>· t>:1a ( r ;·eel
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-MINNESOTA
HENNEPIN ~OUNTY , n :..
My ~2~~~~.:.!~:~301 } ~cc't
'-.,,_,. .. ,-.. ... -.,,.. _....,
f} ·1 (} 1 I -·-CO ;f 1-I.J-'.j. £/4.d..d~/?'z.a~~,,
Notary Public
Page 5 of 5
form 5005 01s\0rono
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # 3 5 2 0
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City
Council of the City of Orono with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held on
Fehrna ry J 3 , 19 ..9.5.., and that the same is a true and correct
copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 14th _-=...,'-=-='------
day of February , 19 -9..5_·
(SEAL)
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-fEGISTERFO VOl / 77 7 PA (;F 53l I li
OFFICE OF TH£ REGI STRAR
OF T ITLES
H ENN EPIN COU NT Y. MINN ESOTA
CERTI FIED FILED ON
MAR 3 0 1995
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BY _____________ DEPUT't
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