HomeMy WebLinkAboutResolution 2004 ;>. . . . r ' ' . .
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• RESOLUTION OF THE CITY COUNCIL
- � � NO. 2004
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A RESOLUTION GRANTING
' AFTER-THE-FACT
. CONDTIONAL IISE P�RMITS AND VARIANCE
TO MDNICYPAL ZONING CODI3
�: S$CTIONS 10.03, SIIBDIOISION 9
.;x 10.21, SUBDIVISION 2 AND
SECTIOAi 10.55, SIIBDIVISION 8 �
S FILE #991 & 1018
+ .. WHEREAS, William J. Ulrich (hereinafter "the applicant") is
" the owner of the properties located at 1535 and 1595 Bohn's Point Road
within the City of Orono (hereinafter "City") and legally described as
� Lots 1 & 2, Lydiard's Park, Lake Minnetonka, (hereinafter "property"); .
� and �
WH$REAS, the applicant has applied to the City of Orono per
Municipal Zoning Code Section 10.03, Subdivision 19 for after-the-fact �
• and proposed conditional use permits to allow the completion of
certain land alterations on the property not authorized under Building
�<• Permit No. 5737 or a conditional use permit and per Municipal Zoning
Code Sections 10.21, Subdivision 2 and Section 10.55, Subivision 8
seeks variances to permit after-the-fact and proposed land altertions
• within 75 feet of the shoreline of Lake Minnetonka.
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.� NOW, TH�REFOR$, BE IT R$SOLVED by the City Counci 1 of Orono,
Minnesota: -
� FINDINGS
' � 1. This application was reviewed as Zoning Files #991 and #1018.
2. The properties are located in the LR-1B, Lakeshore
Residential Zoning Distri.ct.
� 3. The properties consist of approximately 7.64 total acres in .
area.
4. The land alterations, approved with the grading plans on
August 26, 1985 with'�the issuance of the building permit for a
� new residence on Lot 2, Lydiard's Park, Lake Minnetonka, did not
include the land alterations reviewed under the current
applications. �
5. The City has completed a comprehensive review of both after-
' �- the-fact Applications 991 and 1018 defining each of the major
;` land alterations as specific areas for consideration as follows:
Area 1- Alteration of "lagoon area" located within 75 feet
of lakeshore. The area has been regraded with 3 to 6 inches
of top soi 1 in preparation f or seeding.
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• RESOLUTION OF THE CITY COUNCIL
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. ' Area 2 - Two trenches 2 feet wide have been constructed from
� the foundation at approximately the 933 elevation and extend
to within 75 feet of the lake. The trenchs consist of PVC
' pipe surrounded with crushed rock with a silt fabric barrier
over gravel. Applicant wishes to discharge underground
-. drainage into the lake.
Area 3 - Applicant proposes 6 feet high berms along the
' street lot line of the property.
Y
Area 4 - Applicant has placed from 4' to 8' of fill within a
. 100' by 360' corridor located along the shared lot line of
Lots 1 & 2 Lydiard's Park.
6. The Orono Planning Commission reviewed this application on
April 21, 1986, and recommended approval of the after-the-fact
variances for land alterations performed within 75 feet of the �
' . lake and for the proposed installation of a ground water drain-
• field placed 10 feet from the shoreline per Municpal Zoning Code
Section 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and
recommended approval of certain after the fact and proposed
conditional use permits to permit the fill to remain along the
• shoreline (Area 1) and along the shared lot line (Area 4) and to
" install a foundation ground water drainfield (Area 2) and denied
� applicant's request to berm along the street lot line of Lot 2
. Lydiard's Park (Area 3) based on the following findings:
. A) The 6 feet high berms are not compatible with
�. surrounding neighborhood. The property is located off a
limited use road that serves an old established lakeshore
neighborhood on a small peninsula.
• B) The six feet berms would destroy the natural open yard
appearance and ambiance of this neighborhood.
C) The use or locating of solid, privacy walls or fences on
lakeshore lots is limited because the intent and standards
of Orono's code is to preserve the view of the lake for all
lakeshore property owners. '
D) The applicant has failed to demonstrate the need for
screening from noise or lights and has only stated that �the
berms would provide privacy.
� 7. The Orono Council at their meeting of May 12 , 1986
conceptually adopted the Planning Commission recommendation and
in addition advised the applicant that 3 1/2 foot berms would be
permitted along the street lot line (Area 3) finding such
improvement compatible with the intent and purpose of the
Municipal Zoning Code Chapter as set forth in Section 10.01.
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'; 8. At that same meeting the Orono City Council directed staff to
=.,s prepare a resolution of approval for Applications 991 and 1018
iA and to� include the following findings in that resolution:
i-
• A) The alterations proposed in the lagoon area (Area 1)
` � involved no major changes in elevations or in local
= drainage. This type of filling is typical where new ground
cover is to be installed. Applicant maintained adequate
erosion control thoughout entire restoration. �
' B) The alterations proposed within 75 feet of the lake to
permit the installation of the foundation ground water ,
, drainfield as proposed in plan by Mark S. Gronberg referred
to as Drain Ti le Detai ls (Area 2 ) and as amended by Glenn
. Cooksreport dated June 2, 1986 is found to be superior to
�• drainage allowed to surface on ground to collect sediment,
fertilizers and other debris.
� C) The berming along Bohn's Point Road right-of-way (Area
� 3) as approved by Council will be consistent with the height
� of all allowed man-made improvements along the street lot
" . line of lakeshore 1-ots adjacent to minor thoroughfares and
. such improvement would be consistent with the intent and
guidelines for all development within lakeshore residential
, -. districts.
. D) The filling within the corridor along the shared lot
, line of the property (Area 4 ) provides more uniform or
. � f latter grades providing a more suitable treatment area for
; surface drainage rather than the more extreme elevations
� approved at the time the building permit was approved. The �
east 1/3 of the property now drains to a pond before
' entering the main lake.
9. The City Counci l�'f inds 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 variances
would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties;
. _ 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
applicant; and would be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
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J RESOLUTION OF THE CITY COUNCIL�
� NO. 2004
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1D. The City Council finds that granting a conditional� use
permit to allow the land alterations as noted above 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 amended level
of use of the property wi 11 be in keeping with the intent and
objectives of� the Zoning Cod'e and Comprehensive Plan of the City.
CONCLQSIONS, ORDER AND CONDITIONS •
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section
, 10.21, Subdivision 2 and Section 10.55, Subdivision 8 and grants •
conditional use p�rmits per Section 10.03, Subdivision 19 to permit
the land alterations as amended and noted above on the property
• subject to the following conditions:
1. A fence or wall can not be installed within berm area along
. � street lot line,
2. The public right-of-way of Bohn's Point Road must be
completely restored by July l, 1986.
3. The former residence on Lot 2 , Lydiard's Park must be
completely removed by September l, 1986.
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4. Drain Tile Plan by Mark Gronberg is approved by the City
subject to the outlet elevation being raised to 930.5 elevation
. and drainfield cannot be closer than 10 feet from lakeshore.
5. Applicant to execute a Developer's Agreement and submit an
acceptable form of security prior to the issuance of a land �
alteration permit by the City to assure the completion of the
f o 1lowing improvements:
_ . �
A) Removal of all excess soils not to be used in final
grading of property - applicant to determine approximate
amount of cubic yards to be removed. -
" B) Preparation of entire disturbed area for planting.
� C) Cost of seed or sod for restoration of entire disturbed
area.
6. Applicant must alter existing berms to approved height of 3
1/2 feet along the street lot line by September 15, 1986.
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7. Authorities granted by this resoluti.on run with the property
'; not with the owner, but are permissive only and must be exercised
: by application for a land alteration permit within one year of
,.: the date of Council approval, or the special conditions of this
; resolution will expire on that date (June 9, 1987 ) .
,' 8. ViolatiAn of or non-compliance with any of the terms and
conditions of this resolution 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 Council on this 9th day of June,
1986��:
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y ATTEST: , � ///����
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. Do othy M allin, City Clerk Mary C. tler, Mayor
Tim Ad s, Acting Mayor
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� ert ner
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` J � RESOLUTION OF THE CITY COUNCIL � . .
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�=i STATE OF MINNESOTA ) •
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`; COUNTY "OF HENNEPIN )
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� On thi,s o�3`� day of , 1986
. before me a tary Pu ' c within and r said county, �personally
appeared • � known to me to be
the person(s) desc ed in an who executed the foregoing
:' instrument, and ackn wledged that he (they) executed the same as �
' his (their) free act and deed. •
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: � ���,�",� CINDY JAEB
�__ NOTARY P�BLIG—MINNESOTA OTARY P C
–" HENNEPIN COUNTY
� My Commission Expires Oct 28, 1991
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- MY COMMISSION EXPIRES
ti
STATE OF MINNESOTA )
• )ss.
' 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
�
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• MY COMMISSION EXPIRES
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