HomeMy WebLinkAboutResolution 1756 .w �1 .
. Cit� of ORONO
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RESOLUTION OF THE CITY COUNCIL
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• A RESOLUTION DENYING
AN AFTER-THE-FACT VARIANCE
TO MUNICIPAL ZONING CODE .
SECTION 10.22, SUBDIVISION 2
FILE NO. 901
WHEREAS, Karl F. Johnson (hereinafter . "the applicant")
has an interest in the progerty located at 3393 Crystal Bay Road
within the City of Orono (hereinafter "City" ) and legally de- .
scribed as follows: �
� "Lot l7, and that part of Lot 18 lying Northeasterly of a '
line described as beginning at the most Easterly corner of
said Lot 18 thence Northwesterly through a point described
as follows: . Commencing at said most Easterly corner; thence
Northwesterly along the Northeasterly line of said Lot 18, a
• distance of 175 feet; thence def lecting left 90 degrees a �
distance of 5 feet. to said point, Wallace's Addition to the
Village of M�_nnetonka Beach, according to the plat thereof
on fi:le or of record in the office of the Register of Deeds
in and for said County." � �
' WHEREAS, the applicant has applied to the City for an
after-the-fact variance to Municipal Zoning Code Section 10.22,
Subdivision 2 to permit the retention of a gravelled parking area
totaling approximately 440 square feet of hardcover and a portion
.of a retaining wall of approximately 6 square feet of hardcover
located within 75 feet of the lakeshore of Lake Minnetonka where
• no hardcover is allowed; and -
� WHEREAS , the City Council of Orono (hereinafter •
"Council") has reviewed the findings of the Planning Commission
and the City staff, written statements and comments of the appli-
cant and the petitions,' written statements and comments of the
neighbors. •
, NOW, THEREFORE BE IT RESOLVED that the Counci 1 hereby
denies the after-the-fact variance application of Karl F. Johnson
based on one or more of the following findings:
_ l. This application was reviewed as Zoning File No. 901.
• 2. The property is located in the LR-1C, Lakeshore
Residential Zoning District.
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. ` Cit of ORONO �
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• RESOLUTION OF THE CITY COUNCIL
' � NO. 1756 ,
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3. The Orono Planning Commission reviewed this application
on March 18, 1985, and recommended denial of the after-the- �
fact variance based upon the following findings:
a ) The gravel as placed functions as a
driveway/parking area and is considered hardcover.
b) The gravel was placed on the property without the
required variance review. .
4. James R. Grady, a former neighbor and owner of the
residence to the east of the applicant's residence, con-
firmed that a gravelled parking area had existed on the
• property prior to applicant's occupancy.
5. Grady confirms that previous owner placed gravel over
the subject p��rking area "from time to time" .
6. The steep grade of the lakeshore yard inhibits safe use
of the driveway during the winter months. The applicant has
parked an additional vehicle within the gravelled parking
area to decrease potential for accidents in use of slippery,
steep, paved driveway.
7. The steep grades and heavy clay soils beneath the gravel '
parking area have made it difficult for applicant to inain-
tain adequate ground . cover over southern half of the subject
area.
8. . The applicant constructed a retaining wall to sustain an
eroding bank located out of the 75 feet lakeshore setback
area. A portion of the wall , a 6 inch by 10 feet side
extension, extends to within 65 feet of the lakeshore.
9 . The ten foot. wall extensi,on at its highest point
measures , 3 feet and tapers to a 1 foot height as the wall
extends to the lake.
10. The side extension of the retaining wall serves to
� direct all drainage from rear of property away from the side �
west property line.
11. Applicant was advised to erect the retaining wall to
sust,ain eroding bank in 1982 by the Orono staff.
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. -,.:���� � City of ORONO
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`:i-::�:,_ RESOLUTION OF THE CITY COUNCIL
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'�-� NO. 1756
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12. The location of the public road, Crystal Bay Road, that �
intersects the applicant's property is located within the 75
. feet protected area and creates the need for the applicant
and surrounding property owners to place hardcover within
the protected area in the daily use of their properties.
FURTHERMORE, BE IT RESOLVED that the Council hereby
denies the after-the-fact application as proposed subject to the
following conditions and orders:
1. The applicant may retain an 8 feet wide by 23 feet deep
gravel parking strip adjacent to paved driveway within north
half of existing gravel area. Applicant must replace re-
. maining gravel area with suitable ground cover by July 1,
1985. � '
2. The Orono staff must approve all new landscaping
proposed for lakeshore yard.
• 3. Council will permit the 10 feet extension of the re-
taining wall within the lakeshore protected area to remain
and further «dvises that any alteration of that portion of �
the wa 1 1 must be approved by the City.
. 4.� Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code and shall be punishable as a misdemeanor.
5. 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 City Council. on this 13th day of May,
1985 . �
ATTE�T: � " �
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Dorothy M. Hallin, City Clerk Mary Butle Mayer .
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� Pr pert`y ner(s )
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. ��� ` Clt �o� ORONO
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=Y.��. RESOWTION OF THE CITY COUNCIL
;,�- � � � � NO: ' 1756 . - . .
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STAT� OF r�INNESOTA ) � � . '_
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• COUNTY 0�' HENNEPIN ) ' ' : � ' " .
On this `� - . �
--�3 _ d a y ' o f.. _�i1"f----- ► 19 8 5
before me a Notary Public within,�and. for said county, personally
appeared �L �, ���5�� ' 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. ` , � , � �
•• MICHAEL P. GAFFRON � � ;
,n i��� NOTARY PUBUC-MINNESOTA ,
��`�– ' . NOTARY PUBLIC - �
>���,' HENNEPIN.COL�NTY
� �'�1:• Nly Commission Expires June 11,19�1 - . . . '
• . . �b,�,B,�py�,yp�6.6•f�9.pt.�SPOmO0.o6l+�to�'sc`as�P � : - � . � , .
,� � . . . �t.t�r�� l S , .
. � • A1Y COt�iMISSI�O —EXPIRES
STATE OE MINNESOTA )
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�� COUN•TY OF HENNEPIN )
On this � � � day of : � , 1985, 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) f ree-,act and deed. �
- • � : ' . - . _ :�. NOTARY PUBLIC
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MY COMMISSION EXPIRES
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