HomeMy WebLinkAboutResolution 1901 _`1. .�. . k . , . . � i;., ; . , f ° ��a�' '
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Clt o� ORONO � � �
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� � RESOLUTION OF THE CITY COUNCIL
�' NO, 1901 _
• � • • ,
. A RESOLDTION GRANTING �
' A VARIANCE AND
CONDITIONAL DSE PERMIT TO �
MUNICIPAL ZONING CODE �
SECTION 10.55, SIIBDIVISION 8
- FILE $945 �
WHEREAS, Robert J. Bauman (hereinafter "the applicant")_ is
the owner of the property located at 1040 Tonkawa Road within the City.
of Orono (hereinafter "City") and legally described as follows: '
Lot 10 and that part of Lot 9 lying Northerly of the following
described line and its Easterly and Westerly extensions:
Beginning ,at the point of intersection of the Westerly line
of said Lot 9 with a line drawn parallel with and 140 feet
South, measured at right angles, from the North line of said
Lot 10 ; thence East along .; said parallel line 35 feet;
thence def lecting left 4 degrees to an intersection with a
- line drawn parallel with and 111 feet South, measured at .
��~ right angles, from said North line of Lot 10 ; thence East
. along said last-described parallel line to the Easterly line
of said Lot 9, and there ending,
all in Auditor's Subdivision Number 217, Hennepin County,
Minnesota according to the recorded plat thereof: the Northerly
line of said Lot 10 is marked by'` Judicial Landmarks set pursuant
to Torrens Case No. 17306, (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of
Orono to permit the removal of stumps and certain trees, using heavy
equipment and to permit a general landscaping of the lakeshore bank, ,
and to perform minor grading work for drainage purposes on the south
side of the property, all within the 0-75' lakeshore setback area,
where per Municipal Code Section 10.55, Subdivision 8, grading and
filling is generally prohibited.
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NOW';�THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: �
; FINDINGS
l. This application was reviewed as Zoning File #945.
2. The property is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
� 3. The property is approximately 1. 85 acre in area.
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. C�t� o� ORONO �
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1901
• � • •
. 4. The Orono Planning Commission reviewed this application on
August 19, 1985, and recommended approval of a variance to
Municipal Zoning Code Section 10.55, Subdivision 8, to allow
grading and backhoe work, including removal of two dead trees,
within 75' of the lakeshore; and recommended approval of a
conditional use permit for such work per Section 10. 03 ,
Subdivision 19 and 20, subject to the following conditions:
A) A silt fence must be placed at the shoreline and remain
� in place during the entire project to eliminate "possible
sediment run-off into the lake.
B) City staff must be notified at least 24 hours prior to
the work commencing.
C) The backhoe work shall take place in a period of time
not to exceed 48 hours.
• D) All disturbed areas within the 75' lakeshore setback
area shall be replanted or re-sodded within 48 hours of
completion of the work. Sod shall be staked as necessary
to ensure it holds on the steep bank areas.
E) No lakeshore bank grade changes area anticipated or
proposed as part of this project, and none are approved.
5. The City Council reviewed this proposal on September 9, 1985
and requested the applicant and staff to further review the
proposed work, in consideration of the steep bank slope and high
potential for bank erosion during the grading work.
6. The applicant subsequently has submitted a professional land-
scape plan for the work on the lakeshore bank, which plan in-
cludes rock rip-rap and a rock wall, and numerous plantings with
wood chip mulch.
7. The grading work for drainage purposes along the south side
of the house is necessary to protect the property to the south
from excessive run-off. �
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; that granting the variance
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 applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
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� . Ci.t� o� ORONO �
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•+ � • RESOLUTION OF THE CITY COUNCIL .
� NO. 1901
� • - • •
- r.
9. The City Council finds that granting a conditional use permit
to the applicant for the proposed grading and backhoe work would
. not be detrimenta 1 to the hea lth, saf ety or genera 1 we lf are of
the public, nor will it depreciate surrounding property values
and the level of use of the property limited by the pertinent
sections for non-conforming uses within the Zoning Code and
Comprehensive Plan of the City.
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 to allow grading and relandscaping, including removal of two dead
trees, within 75' of the lakeshore, and grants a conditional use
" permit per Section 10.03, Subdivision 19 & 20 for such work, subject
to the following conditions: �
l. Proper erosion controls must be placed at the shoreline and
remain in place during the entire project to eliminate possible
sediment run-off into the lake.
2. City staff shall be notified at least 24 hours prior to the
commencement of the work.
3. , The backhoe and landscaping work at the shoreline shall take
place in a period of time not to exceed 48 hours, and the
applicant shall monitor weather conditions and perform the work
in a timely manner so as to avoid having unprotected lakeshore
• banks during any significant rainfall events.
4. All disturbed areas within the 75' lakeshore setback area
shall be re-sodded or replanted within 48 hours of completion of
the work. Sod shall be staked as necessary to ensure it holds on
the steep bank areas.
5. No lakeshore bank grade changes are anticipated or proposed
for this project, and none are approved.
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t ' • .
, Cit� o� ORONO �
• RESOLUTION OF THE CITY COUNCIL �
Q�7 .
� NO. 1901
� • � • •
6. a) Per the proposed plan, the north end of the lakeshore
bank contains a number of mature trees, and this bank and
� these trees shall remain undisturbed.
� b) The rip-rap at the lake level shall be continued along
the northerly portion of lakeshore to the property line, and
_ shall be underlain by the filter blanket material. '
c) In the area near the stairs where no rock wall is
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proposed in order to provide snowmobile access, the rip-rap
' at the lakeshore shall be placed to a level approximately 6"
' � above the Normal Ordinary High Water Elevation, to provide a
continuous rip-rap along the shoreline.
d) Ground cover types shal 1 be planted as proposed in order
to stabilize the lakeshore bank.
•� 7. Authorities granted by this variance run with the property
not with the applicant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or this variance will expire on
that date (January 13, 1987 ) .
8. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning 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 Counci 1 on this 13th day of
January, 1986.
ATT .
!;� l' � �
,���.M�c.�� C�(=-�c�t.u�-
Do othy M a11in, City Clerk Timothy�/Adams, Acting Mayor
•
(1) Proper Owner
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C�t� o� ORONO .
� RESOLUTION OF THE CITY COUNCIL
�
� NO. 1901
• - • • .
� STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this Zy day of ��%�� , 1986
before me a Notary Public within and for sai county, personal ly
appeared ,P,,-�,�.ti� �� � m� 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.
a��i�C.� ��,�
NOTARY PUBLIC
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MY COMMISSION EXPIRES
t+�►�i►�r�tnua�N�s$o�.r,�
STATE OF MINNESOTA ) MEN EPIN COUN
)S S. �►.«�.�..,a�
COUNTY OF HENNEPIN )
On this day of , 1986, 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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