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Home My WebLink About#2222 Recorded Resolution 3898t. r r 6749484 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 9 8 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISIONS 19 THROUGH 21 FILE NO. 2222 WHEREAS, Joseph Vochko (hereinafter the "applicant") has an interest in the property located at 2925 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 96, Spring Park, and that part of vacated Lakeshore A venue accruing thereto, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Code Section 10.22, Subdivision 2 to allow an increase in hardcover from 220 sq. ft. (4.8%) to 390 sq. ft. (8.6%) where no hardcover is allowed. Further, applicant has applied for a conditional use permit per Section 10.03, Subdivisions 19 through 21 for land alteration in the Shoreland District to install a boulder retaining wall. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zonmg File #2222. 2. The property is located in the LR-lC Zoning District where one-half acre is required. The property is sewered. 3. This is an after-the-fact variance and conditional use permit application. 4. The Orono Planning Commission reviewed this applicatiem em April 21, 1997 and recommended approval of the proposed variance and conditional use permit based upon the following findings: -:-;. 'fRANSFER ENTERED ~~ C00HTY TAXPAYER SERVICE3 Page 1 of 4 JUN 1997 .!Nrt ~dk.~~ 01;;:PUTY CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 9 8 A. The steep topography of the lot requires a stairway to access the lake front. B. Construction activities will include excavation and placement of boulders along the shoreline. 5. 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. 6. The City Council finds that granting a conditional use permit to allow proposed installation of a retention 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 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 Municipai Zoning Code Section 10.22, Subdivision 2 to allovv a hardcover variance for boulder retaining wall and stairway in the 0-75' setback to increase hardcover from 220 s.f. or 4.8% to 390 s.f. or 8.6% where no hardcover is normally allowed and has requested a conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 through 21 for land alteration in the Shoreland District. The above conditional use permit and variance to allow the construction of a stairway and installation of a boulder retaining wall subject to the following conditions: 1. The voids between the boulders shall be filled with vegetative growth to prevent piping and erosion. Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 9 8 2. Boulder-to-boulder contact shall be established during construction. If the boulders come loose in the future, they shall be replaced in their original position. 3. If the boulders do not remain in place, then the boulders shall be restrained and pinned into the hillside. 4. If the bou lde r s do not retain earth after r einforcement , ·the conditional use nermit shall be amended and the concrete retaining wall referenced in the 3/20/97 letter from GME consultants shall be constructed. 5. The boulder retaining wall shall be annually reviewed by the Building Official to determine compliance with the conditional use permit. 6 . Authorities granted by this resolution run with the property not with the owner, but are permissive only and must ~e exercised by application for a land alteration permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (May 12, 1998). 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 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 . Adopted by the Orono City Council on this 12th day of May, 1997. Page 3 of 4 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 8 9 8 ◄ The foregoing instrument was acknowledged before me on this 12th day of May, 1997 by Gabriel Jabbour 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. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission E)(plres Jan. 31, 2000 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) Notar ss. On this / CJ Hi day of Jo/La~ , 199 _L, before me a Notary Public within and for said County, personally peared ,,; known to me to be the person(s) described in d who executed the foregoing instru acknowledged that he (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this _____ day of __________ , 199 __ , 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. Notary Public Page 4 of 4 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 8 9 8 ~ 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 May 12 , 19 _JU, 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 Ma , 19 97 -, t=, .r 1.1-:, ·=· C, ~ "·T 1 . .(1 ~ {ii ' OC) i.·, ~ ,-c.:i CJ':) i; ·, CJ ~ ,:.·-, c-, .. _, ._ c.., r-'' c.:> ·t ,;;t l :,_ 0) L) ~;lLI 'T -.:t L er·. (.'h ~~;i '<"t 'T r --r·- 1.0 l • .(1 l J c-, 1-t I r:,-, lJ .' LI • (•.! ,.·., ' . r r -- «\ ,, .. o-·, ~ ~ J'- -I ;-:, I ·' •t· --t- C• I ,_ .. , .-, ,_ I LJ ,J"..'.· ff' ~ ' ~ I...) ~: ,. J ~- \ J =--- I ' \ ~ ~ ' "' ~ i tJ L1 j w w u. u. >- (.) a.. UJ 0 C: u