HomeMy WebLinkAboutResolution 5665CITY of ORONO
RESOLUTION OF THtCjbb
TUNCIL
NO. OO
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT FOR GRADING WITHIN THE 0' TO 75' ZONE
AND VARIANCES TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 06-3243
WHEREAS, Richard Marzan, a single person, (hereinafter "Owner") is the
owner of the property located at 2795 Pheasant Road within the City of Orono (hereinafter
"City") and legally described as: Lot 11, Pheasant Lawn Hennepin County, Minnesota
(hereinafter "the Property"); and
WHEREAS, Owner has made application to the City for a conditional use
permit for grading for retaining walls and steps within the 0 to 75 foot zone; and
WHEREAS, Owner has made application to the City for a variance from City
Code Section 78-1288 to allow hardcover in the form of a retaining wall within the 0 to 75
foot zone; and
WHEREAS, Owner has made application to the City for a variance from City
Code Section 78-71(b)(3) to allow replacment of a non -conforming deck within the 0 to 75
foot zone with a patio at a slightly different location; 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 August 20, 2007, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon.
Minnesota:NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
This application was reviewed as Zoning File #06-3243.
2. The Planning Commission reviewed this application on August 20, 2007 and on
a vote of 3 - 1 recommended:
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 665
a. Approval of the conditional use permit for the grading necessary to install
the steps and replace the existing wall but not expand the wall based on
there being a demonstrated need for the existing wall and for replacement
of the existing unsafe steps but not for the additional retaining wall.
b. Approval of the variance to allow the 190 square foot lakeside deck to be
replaced by a 190 square foot patio at a slightly different location based on
the patio being designed so runoff can infiltrate rather than flowing directly
into the lake as it does from the existing deck.
c. Approval of the hardcover variance for the replacement of the existing
wall.
d. Denial of the setback variance for the proposed second pier based on the
applicant's failure to demonstrate the second pier satisfied the conditions
for granting a variance.
3. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicant and the public, and the effect of the proposed conditional use
permit and variances on the health, safety and welfare of the community.
4. The City Council finds that the grading allowed by the conditional use permit is
necessary to provide a safe means of access to the lake and replace a failing
retaining wall that is necessary to maintain the slope.
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 hardcover variances 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 Owner but necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the Owner; 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 the conditions existing on this property are not
peculiar to it and apply generally to other property in this zoning district; that
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CITY of ORONO
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RESOLUTION OF T�HE� IIT5COUNCIL
granting the setback variance for the second lakeside pier would merely serve as
a convenience to the Owner and is not necessary to alleviate a demonstrable
hardship or difficulty or to preserve a substantial property right of the Owner.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a conditional use permit
for grading in the 0' to 75' zone and variances to Orono Municipal Zoning Code Sections 78-
1288 and 78-71(b)(3) to allow 15 square feet of hardcover for a retaining wall in the 0 to 75
foot zone and to allow replacement of the non-corforming 190 square foot lakeside deck with
a 190 square foot patio at a slightly different location, subject to the following conditions:
1. Council approval is based on the plans submitted by the Owner and annotated
by City staff, attached to this Resolution as Exhibit A. Any amendments to
these plans may require further Planning Commission and City Council
review.
2. Authorities granted by this resolution run with the Property not with the owner,
but are permissive only and must be exercised by commencing the project
before September 24, 2008 or the variance will expire on that date.
3. 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.
4. The undersigned Owner has read, understood and hereby agrees to the terms of
this resolution and on behalf of his heirs, successors and assigns, hereby agree
to the recording of this resolution in the chain of title of the property.
Based upon the above findings, the Orono City Council hereby denies the setback variance for
the second lakeside pier.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5665
Adopted by the Orono City Council on this 24th day of September, 2007
STATE OF MINNESOTA
COUNTY OF HENNEPIN
J es M. White, Mayor
This instrument was acknowledged before me this o?B day of
2007 by Richard Marzan, a single person.
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Notary Public(—)
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ZONING FILE NO. 06-3243
EXHIBIT A RESOLUTi0N NO. 5' 6 D" 5
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STATE OF MINNESOTA }
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COUNTY OF HENNTPIN )
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 September 24, 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
City--dn.s:. 27h day of _ September , 2007
City lerk