HomeMy WebLinkAboutResolution 1600 � • _. � -
. ��,,.� Clt� of ORONO �
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��� RESOWTION OF THE CITY COUNCIL �
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- GRANTING A CONDITIONAL USE PERMIT �
,TO MUNICIPAL ZONING CODE SECTION 31.709 AND A
VARIANCE TO MUNICIPAL ZONYNG CODE SECTION 3I.83I
' FILE - 758
Whereas , James Bigham is the owner (hereafter "owner") of a
property located at 1545 Long Lake Boulevard within the City of Orono -
(hereafter "City") and legallydescribed as the east half of Lot I6, all
of Lot 17, all of Ivy Lane vacated , and that part of Lot 18 lying west of
the east 25 feet thereof, "Albee' s Long Lake Addition" (hereafter
"property") , and
Whereas , the applicant has applied to the City for a
Conditional Use Permit for land alterations as required by Municipal .
Zoning Code Section 3I .700 and a variance to municipal Zoning Code
Section 31 .83I to permit the alteration of the property' s lakeshore
� � banks located withih ?5 feet of the shoreline of Long Lake; Section
31 .831 does not permit excavation or grading of the area within 0 + 75
feet of the lakeshore.
Now, Therefore Be It Resolved by the City Council of Orono ,
Minnesota :
Findings
1 . This application was reviewed as Zoning File IVo. 758 .
2. The property is located in the LR-IA Lakeshore Residential
Zoning District.
3. The Orono Planning Commission reviewed this application on �
January 16 , 1984, and recommended 'approval of the
Conditional Use Permit and variance based upon �the
following findings:
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� a) the proposed improvements will decrease the potential
for erosion of the lakeshore banks of the property.
_ b) the proposed improvements to the property will improve
the quaiity �of water runoff into Long Lake. �
c) the proposed improvements will provide a safe access to
the 1°akeshore. �
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clt� o� oR,oNO �
RESOLUTION OF THE CITY COUNCIL ,
NO. 1600
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d) the proposed improvementsare consistent with the intent
and objectives of the environmental standards of the
Comprehensive Plan. .
e) The City Engineer in his report dated September 14 , 1983
reviewed the existing retaining walls and recommended
removal of•certain portions of the existing retaining walls
which encroach on City property.
4. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff , comments by the owner and the effect of the
proposed land alteration on the health , safety and welfare of the
community.
� 5. The City Council finds that granting a Conditional Use Permit
to alter the lakeshore bank as proposed 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; would not merely serve as a convenience
to the owner , but is 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 granting a variance for the land
alteration as proposed as necessary to alleviate a demonstrable
hardship, is necessary to preserve a substantive 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants a
variance to Zoning Ordinance 31 .831 and grants a Conditional Use
Permit as required per Zoning Ordinance 31.700 to permit land
alterations. within 75 feet of the lakeshore subject to the following
conditions:
1 . The upper , separated box section of the existing retaining
wall encroaching upon ivy Lane must be reconstructed subject to
the review and approval of the City. '�
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Cit� o� ORONO ,
RESOLUTION OF THE CITY COUNCIL
N�. 1600
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2. Foundation and roof drainage must be directed away from Ivy
Lane.
3. Owner placed on notice that portion of retaining wall that
r�mains in ivy Lane right of way may have to be removed in the
future at th�e request of the City and at owner ' s expense .
4. Soil erosion controls (hay bales) must be installed prior to
construction along lakeside edge of the areas to be regraded .
5. No runoff may be diverted over property lines .
6. Required septic repairs must be completed this spring
subject to approval of 'the on-site septic system manager . �
7 . No other variances are granted nor permitted for this
• • application. ' _
8. The undersigned shall indemnifyand hold harmless the City,
the Gity Council , and the agents and employees of the City from and
against all. claims, damages , losses or expenses , including
attorney fees , which the City, City Council and agents and
employees of the City may suffer or for which it may be held
liable, arising out of, or resulting from the assertion against
them of any claims , debts or obligations in consequence of his
performance of the following improvements :
Construction of retaining walls encraoching upon or located
within the right of way of Ivy Lane.
9. Violation of or noncompliance with anx of the terms and
. conditionsofthisresolutionshallconstituteaviolation of the
Zoning Code, shall automatica�lyterminateanyauthority granted
herein, and shall be punishable as a misdemeanor .
� 1�J . The undersigned have read , understood and hereby agrees to
the terms o£ this resolution and hereby agrees to the recording of
this resolution in the chain o.f title of the property.
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RESOLUTION OF THE CITY COUNCIL
NO. 1600
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Adopted by the Orono City Council on this I3th day of February, 1984 .
ATTEST: CITY OF ORONO
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Cit Clerk Ma or �
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(1) �i'�'"�-1�,
Property 0 r (s) �` —
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�2� �' C-��-`�"`..�"�---_ _ _ �
Pr perty^Owner (s)
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Property Owner (sj � `� `�� �--+
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � day of J���!� , 1984, before me a Notary
ublic w thin • a fo _ aid Cou ty, personally �appeared
. �r�-c� known to me to
e the person(s) scribed in a who executed the foregoing
instrument, and acknowledged that he (they) executed the same as his
(their) free act and deed .
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N TARY PUBLIC �
MY MMISSION XPI ES-����`�'
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�10iARY FU2UC-MINNESOTA
�� ANOKA COUNTY
. My commission expires Jan.6,1987—�