HomeMy WebLinkAboutResolution 1677 ,J
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:,<. �:°:�z� RESOLUTION OF THE CITY COUNCIL
� r4`� NO. 1677
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A RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND VARIANCE
PER MUNICIPAL ZONING CODE SECTION 10.03, SUBD 19
AND SECTION 10.55, SUBD 8 - FILE NO. 863
WHEREAS, William Gregory (hereinafter "the applicant" ) has
an interest in the property located at 1410 Shoreline Drive located
within the City of Orono (hereinafter "the City" ) and legally
described as Lot 1, Block 1, Dragonfly Hill (hereinafter "the
property" ) ; and
WHEREAS, the applicant has applied to the City for a
Conditional Use Permit to construct a 45 foot long retaining wall ten
(10 ) feet in height at the north side and tappering down to two (2 ) feet
at the south end as required by Municipal Zoning Code Section 10. 03 ,
Subdivision 19 and a variance to Municipal Zoning Code Section 10. 55,
Subdivision 8 to permit the construction of a retaining wall that would
extend 55 ' from the lakeshore instead of the required 75 feet.
• . NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
Findings
l. The application was reviewed as Zoning File No. 863.
2. The property is located in the LR-lA Lakeshore Residential
Zoning District. �
3 . On August 20, 1984 , the Orono Planning Commission reviewed the
application as proposed �nd voted unanimously to approve a
conditional use permit and variance to the applicant based on
the following findings :
a) The alteration will have no affect on the surrounding
properties.
b) The retaining wall will serve to support the disturbed bank
and pravide the much needed control over the erosion of the
bank.
� c) The location of the wall will have no detrimental effects on
the quality of the runoff that enters Lake Minnetonka.
• d) The City has received no negative comments from the
surrounding property owners notified during the review of
Application #863 .
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4 . The City Council has considered this application including
thefindings and recommendations of the Planning Commission,
reports by staff and comments of the applicant 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
for the erection of a retaining wall 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 properties, nor will it
. depreciate surrounding property values and that the land
alteration and the manner in which the construction is to be
carried out to be in keeping with the intent and objectives of
. the Zoning Code and Comprehensive Plan of the City.
� 6 . The City Council finds that granting a variance for the
• � erection of a retaining wall as proposed is necessary to
alleviate a demonstrable hardshig, 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 conditional use permit as required per Municipal Zoning Code
Section 10.03, Subd 19 and 'a variance per Section 10 . 55, Subd 8 to
permit the construction of a retaining wall that would extend 55 feet
from the lakeshore of Lake Minnetonka instead of the required 75 feet
subject to the following conditions :
l. Staked hay bales are to be placed along the bottom of the
disturbed bank and are to remain until the wall is completed.
2 . Prior to constr�action, applicant m�st submit construction
plan for retaining wall to assure the wall will retain the
disturbed bank.
3. No other variances are granted or permitted with this
application. .
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� �� ,���, RESOLUTION OF THE CITY COUNCIL
� �� NO. 1677
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4 . Violation of or non-compliance with any of the terms and
conditionsof this resolution shallconstitute a violation of
the Zoning Code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
5 . The undersigned owner has read, understood and hereby agrees
to the terms of this resolution and on behalf of himself , his
heirs, successorsand assigns, hereby agreesto the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this lOth day of
Sept mber, 1984 .
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Property Owner(s ) .
Property 0 r(s )
Property Owner(s )
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STATE OF MINNESOTA )
) ss .
COUNTY OF I�ENNEPIN )
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On this �. �'� day of ��s`� � �► before me a Notary
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Public within and for said County, personally appeared
—������.�:�oP,l���'� �f5 , G�E„r�7 known to me to
be the person (s) described in and who executed the foregoing
instrument , and acknowledgecl that he (they) executed the same as his
(their) free act and deed .
.
GHAE�P•GAFFR�� NOTARY PUB LIC '--'��^
:�`•°'' KOTARY PUBl.1G-M�UNTY . .
�"�'�'—' � • �-IENNEPIN C'�une�t.�9e�
� MY ComQ1lssion ExPires J
� ��.. . � MY COMM�O��PIRES
STATE OF MINNCSOTA )
� ) ss .
COUNTY OF HENNEPIN, )
On this day of , 1984 , 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 --
MY COMMISSION EXPIRES
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