HomeMy WebLinkAboutResolution 1873 � �
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• RESOLUTION OF THE CITY COUNCIL
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• -"' NO. 1873
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A RESOLIITION GRANTING A VARIANCE TO MUNICIPAL
ZONING CODE SECTION 10.55, SQBDIVISION 8, AND
SECTION 10.22 SOBDIVISION 2, AND A CONDITIONAL
USE PERMIT PER MONICIPAL ZONING CODE .
SECTION 10.03, SOBDIVYSION 19 - FILE 910
WHEREAS, James Hoff (hereinafter "the applicant" ) is owner
of the property located at 2056 Shadywood Road within the City of Orono
(hereinafter "City" ) and legally described as follows:
Lot 8 and the Southerly half of Lot 7, Gust S, Johnson' s
Addition, Hennepin County, Minnesota (hereinafter
"property" ) ; and
WH$REAS, the applicant has made application to the City of
Orono for a conditional use permit and variance to permit the regrading
of the lakeshore yard within the 0-75 ' protected lakeshore area per
� Municipal Zoning Code Section 10.03 , Subdivision 19, requesting a
variance to Section 10.55, Subdivision 8.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as zoning file #910.
2. The property is located in the LR-1C Zoning District.
3. The Orono Planning Commission reviewed this application
on May 20, 1985, and recommended approval making the
� following findings:
a) Applicant' s lakeshore yard will conform better to
the neighbo�s yard and will appear more aesthetically
pleasing.
b) Proposal will reduce the degree of hazardous
condition existing on the property because of the slope
of the land and will improve the health, safety, and
welfare of the applicant' s yard and neighborhood.
� c) Applicant' s lakeshore yard previously had been
• filled, and the proposal is to return the grade to nearer
its original state, thereby reducing hardship on the
�- current owner for maintenance of the yard.
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• RESOLUTION OF THE CITY COUNCIL
• NO. 1873
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4. The applicant has submitted substantial documentation
indicating that filling has primarily occurred in the area to
be excavated.
5. The applicant has submitted a landscape plan that
indicates a 35 ' strip of y.ard area will be disturbed, leaving
an area 30 ' back from the lake totally undisturbed. The
landscape plan incorporates a replacement of the existing
stairway with no net additional hardcover in the 0-75 '
setback zone. The landscape plan also incorporates the
planting of trees and shrubs in the lakeshore yard where such
vegetation does not currently exist. �
6. The City Council has , considered this application
including the f indings and recommendations of the Planning
• Commission, reports by staff and comments of the applicant
and the effect of the proposed use on the health, safety, and
welfare of the community.
7 . The City Council finds that granting a conditional�use ,
permit to allow to regrading of 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 valuesand that the proposed
level of use of the property will be in keeping with the intent
and objectives of the Zoning Code and Comprehensive Plan of
the City.
8. 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; would not merely
serve as a convenience to the applicant, but is necessary to
alleviate a demonstrable hardship or difficulty; , and is
necessary to preserve a substantial property right of the
applicant.
CONCLDSIONS, ORDER AND CONDITIONS
� Based upon the above findings, the Orono City Council hereby
� grants a variance to Municipal Zoning Code Section 10 .55, Subdivision
8, and a conditional use permit per Municipal Zoning Code Section
10. 03, Subdivision 19 to permit the regrading of the lakeshore yard at
2056 Shadywood Road, subject to the following conditions :
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d C�t� o� ORONO �
� �� RESOLUTION OF THE CITY COUNCIL
� NO. 1873
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1. The regrading shalladhere to the approved landscape and
grading plans.
2. Regrading shall be done under close supervision of staff
and City Engineer to assure that proposed contours will blend
with the neighbors'. yards.
3. The applicant shall have this � grading done
professionally and not by the applicant.
4. A silt fence sedimentation barrier shall be installed
prior to and maintained in place during the regrading process
and until the sod has become finally rooted.
5. The grading work shall take place within a single 24 hour
period and the entire lakeshore yard shall •be sodded within
the immediate following 24 hour period in order to minimize
any erosion into the lake. '
• 6. Any new steps or stairway constructed to replace the
existing steps shall not exceed the area of hardcover of the
existing steps.
� 7. Authorities gra�ted by this variance run with the
property not with the owner, but are permissive only and must
be exercised by application for a grading permit within one
year of the date of Council approval, or this variance will
expire on that date (October 28 , 1986;) .
8. Violation of or r�oncompliance with any of the terms and
conditions of this variance shall constitute a violation of
thezoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
9. 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 Orono City Council on this 28th day of October,
1985
ATT T: —
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hy M. Hallin, 'ty Clerk Mar C. B ler, Mayor
Property Owne • Spouse
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� RESOLUTION OF THE CITY COUNCiL
� . • NO. 1873 �
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN ) � �
On this 3�� day of __��B.�y� _ , 1985
before me a Notary Publ c within and for said county, personally
appeared .S �S known to me to be
the person(s ) descri ed in and who executed the foregoing
instrument, and acknowledged that he (tYiey) executed the same as
his (their) free act and deed.
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1GHAp�P' .M`"UN.°�Y NOTARY PUBLIC
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MY COMMISSI N EXPIRES
STATE OF MINNESOTA ) '
)ss. .
COUNTY OF HENNEPIN )
On this �� � day of � ����'� , 1985, before me
a Notary Public ithin and for said County, personally appeared
�L�� �/'s��� _�_ 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. �
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(�IICHAE�- P' MINNESOTA .
::�'�w�^�: Np7ARYPUB��C� TY NOTARY PUBLIC
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MY COMMIS ON EXPIRES
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