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Home My WebLink About#1493 Recorded Resolution 2934/_ . '\. .~ . ' . 5802599 CITY of ORONO R ESOLUTION OF THE CITY COUNCIL NO. 29 3 4 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22.:-SUBDIVISION 1, SECTION 10.22, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILES 11493 AND 11570 WHEREAS, Chuck Downey (hereinafter "the applicant") is the owner of the property located at 2665 Casco Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter "the property")i and WHEREAS, the applicant has applied to the City of Orono for an after-the-fact variance to Municipal Zoning Code Section 10.22 Subd. 1, to permit a deck constructed in front of the average lakeshore setback line where no encroachment is allowed and per Section 10.22 Subd. 2 seeks approval of hardcover variances within the 0-7 5' setback area for the ins ta l la tion of retaining wa 11 s at approximately 58' in length and the installation of access stairs resulting in a net reduction of hardcover of 66 .3 s.f. or 1.47% (final hardcover 0-75' = 652.9 s.f. or 14.5%) and seeks approval of a hardcover variance within the 75-250 1 setback area for a 6 1 x 19 ' entry addition resulting in 114 s.f. of structural hardcover resulting in a net reduction of 1,022.3 s.f. or 12.3% (final hardcover 75-250' = 3,967.8 s.f. or 47.6%) and grants a variance per Section 10.55 Subd. 8 and a conditional use permit per Section 10.03 Subd. 19 that would allow land alterations involving retaining walls within the lakeshore protected area where no such alterations or structures are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 6 CITY of ORONO R ESOLU T ION O F TH E CITY COUNCIL NO . __ 2_9_3_4 ___ _ FINDINGS 1. These applications were reviewed as Zoning Files #1493 and #1570. 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District requiring 21,780 s.f. or 1/2 acre in area . The property consists of 12,850 s.f. or .29 acres. 3. The Orono Planning Commission reviewed these applications on February 20, 1990, March 19, 1990, August 20, 1990 and January 22, 1991 and recommended approval of the proposed variances and conditional use permit based upon the following findings: Hardcover variances a. Excessive hardcover resulted from landscaped areas underlain with plastic that was not considered hardcover at the time a 1982 survey was completed. b. Applicant was advised in an earlier 1982 variance review to maintain gravel drive area to assist in backout maneuvering from garage. c. Hardcover will be reduced 66.3 s.f. or 1.47% in the 0- 75' setback area and 1,022.3 s.f. or 12.3% in the 75-250' setback area. After -the -fact average lakeshore setback variance a. Current neighbors on adjacent properties had submitted letters noting no problem with location of second story existing lakeshore deck. b. Second story deck provides no visual impact or interference with lakeshore views for residences on either side because of sloping lakeshore topographies. Page 2 of 6 CITY of ORONO RESOLUTION O F TH E CITY COUNCIL NO. 2934 l . I . ~ •. Conditional Use Permit/Variance for land alterations , a. Proposed land alterations and installation of retaining walls will stabilize the steep lakeshore banks and prevent further erosion. b. The stability of an existing boathouse will be secured and minimize erosion of adjacent lakeside bank. 4. 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 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 appli cant; 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 retaining walls within the lakeshore yard 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 it depreciate surrounding property values and that the proposed leve 1 of use of the property wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. . 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community. Page 3 of 6 1 l ' f,r ! [ 1 ,,, ['• 1' t t 1-1 . s, ,. t . i'. CITY of ORONO RESOLUTION OF TH E CITY COUNCIL NO. 2 934 CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the . Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.22 Subd. 1 for a lakeside deck and per Section 10.22 Subd. 2 approves hardcover variances within the 0- 75' setback area and the 75-250' setback area that would permit an entry addition, retaining walls and installation of access stairs within the lakeshore protected area and per Section 10.03 Subd. 19 and Section 10.55 Subd. 8 grants a conditional use permit and variance for the ins ta l la tion of retaining wa 11 s within the lake shore protected area. Such approvals are subject to the following conditions: 1. All hardcover removals within the 0-75' and 75-250' setback areas are to be completed prior to footing inspections for new construction by the Orono Building Department. Existing hardcover areas scheduled for removal are shown on survey/site plan and attached ·as ·Page 6A of this resolution. 2. Applicant to file for an after-the-fact/penalty building permit for second story lakeside deck constructed sometime in 1982. The City will require penalty fee payment upon issuance of building permit. 3. A typical section of retaining wall shall be strengthened by including a lower row of deadman offset from the top row at 8' on center. 4. Applicant shall be required to provide erosion control fence between the work areas and the lake. Such erosion control to be established prior to any land alteration. 5. Applicant is placed on notice that the upper wal 1 section may channelize water and create further erosion problems. Applicant is responsible for the repair and maintenance of this retaining wall and any land areas disturbed by further erosion in order to protect quality of run-off into Lake Minnetonka. Page 4 of 6 '. ',._ CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. __ 2_9_3_4 ___ _ 6. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (March 11, 1992). 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. 1, Adopted by the Orono City Counci 1 on this 11th day of Maren.··, 19 91. / . ' ' ·-. r , ¾ Pr6~~~ty ' wher(s) . .. , I : , ' , STATE OF MINNESOTA COUNTY OF HENNEPIN Barbara A. Pet~rson, Mayor ss. The foregoing instrument was acknowledged before me on this 11th day of March, 1991, by Barbara A. Peterson & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. THERESA L NAAB NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires 9-8-92 ,. ,.) N~~ Page 5 of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2934 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ;;;i4 day of f}pr:, '/ , 199{_ before me a Notary Public within andfor said ~ounty, personally appeared /3. <! . .LJCJ1)Jf\ +-f3e_-hh_, . L_ 'ecvirnown to me to be -the person ( s) des ribed executed the foregoing instrument, and acknowledged that (they) executed the same as his (their) free act and deed. STATE OF MINNESOTA) )ss. COUNTY OF HENNEPIN) NOTAR~~ THERESA L. NAAB NOTARY PUBLIC. MINNESOTA HENNEPIN COUNTY My commission expires 9-a.92 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 foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 6 of 6 ltj Pl I.Q CD O'\ ~ \ ~ t::- ~ ~ 't::~ <- ~ I::} '< .J.. .. Legal Description Lot. 136, Spring Park I I ~mov.e.D Date 9-7-82 5-16-90 rev 7-/.1-1" ci,"f· , "' 7-2$-')I ,1..-W,_,,,J~,./ Scale I" = 20' _1,,r,r#~r#NrJ c iron marker found o iron marker set Bearings shown are to an assumed datum. --1-tz--; e,ciJf.;;,_, C#.11f-o,11r- --f!iiJ-; pro~•r,:,.I c"nfoNr ,lafP-; me,A Jr.a level ;-:_:-":' ,.,. "" ~ .. -1. ...---~~-; \\()u.>~ .. , ~~ ~ , 'roc,t "'q II o/.,ze "4,_-,_,,f"~• Co,., f,;;;_-- 1,,,, I 'lf..130c... I J .,,_.,.. Iv. II, This survey shows the location of all existing buildings and visible "hardcover" in relation to the boundaries of the above described property: It does not purport to show any other improvements or encroachments. I hereby certify that this survey was prepared by me or under my direct supervision and that I am a duly regist ered land surveyor under the Jaws of the State of Minne sota. COFFIN & GRONBERG, INC. ~.._/ _/. ~~~/ arK S. Gronberg Mn. L'lc. No. 12753' Engineers, Land Surveyors, Planners Long Lake, .. Minnesota._ ... _ --·· -- 60 g R 'i-.. .t .... 0-0 <) '-' ~ ~ ~ tll 0 I-' i:: rt I-'· 0 ::s =ti= N '° w .i:s. t •• STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #2934 ,-- I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore .-going 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 March 11 , 1991 , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. .. \ In W i t n es s W he r e o f , I ha v e her e unto s e -t my hand -and sea 1 th i s 15th , day of March , 19 91 (:''. i'• _. -: ;· ---- , ~''L~'tf1 J t . ·NN f. .X · , r N. MY ---~--•· -•• -,., flf ~t /'ff ·' \,1 : -.; ·1 -{ -'. 1. D(c.{4(-/\AC.S Poffi'T'J-Net qD 5802599 17 JUL9115 : 06 A5802599 DOC $10 . 00 ....... -1 • .,,..._...., 'REt(lffl)£R '4iJ.'NESCH 4 91 JUL J 7 rH 3: 05 W "~'-i ;,-5802599 CC. h[CCI;"" k fLP/