HomeMy WebLinkAboutResolution 2034 , ., A � .. ._. .; . . �..._ _.... .. . . . . . .
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RESOLUTION OF THE CITY COUNCIL
� -_�`i NO. 2034
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A RESOI�IITION GRANTING
A CONDITIONAL DSE PERMIT
PER MUNICIPAL ZOPiING CODE
SECTION 10.03, SIIBDIVISION 19 AND
VARIANCES TO SECTIONS
10.55, SDBDIVISION 8, AND
10.21, SDBDIVISIONS 1 � 2
FILE #1053
WHERBAS, Raymond J. Kosak (hereinafter "the applicant") is
the owner of the property located at 3265 Carman Road within the City
of Orono (hereinafter "City") and legally described as Lot 5, Block 1,
, Carman Cove, (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of
Orono per Section 10.03, Subdivision 19 and Section 10.55, Subdivision
`�� 8 to permit installation of a new retaining wall and replacement of an
existing wa31 located within the 75 foot lakeshore protected .area and
per Section 10.21, Subdivision 1 and 2 to seek variance.s for spaced
wooden deck areas located 65 feet from the lakeshore instead of the
required 75 feet, hardcover variances within the 0-75' setback area of
315 s.f. where none is allowed and within the 75-250' setback area of
3,583 s.f. or 28$ hardcover wh�re only 25� is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: •
FINDINGS
1. This application was reviewed as Zoning File #1053.
2. The property is located in the LR-1B Lakeshore Reside�ntial �
Zoning District.
3. The property is approximately 19,985 s.f. or .45 acre in
area.
� 4. The Orono P].anning Commission reviewed this application on
July 21, 1986, and recommended approval of the conditional use
permit and variance for the installation of a retaining wall and
replacement of an existing wall based on the following findings:
� A) steep slopes within lakeshore yard require retaining
wall to stabilize bank and prevent erosion;
B) current slopes prevent maintenance of green grassed
area;
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• RESOLUTION OF THE CITY COUNCIL
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C) decrease in hardcover of 1� with type of retention wall
to be constructed;
and to approve variances to the hardcover and setback standards
for lakeshore properties based on the following findings and
hardships :
A) steep sloping topography immediately adjacent to house
requires flat area for safe utilization of pool and rear
yard - access to lake requires series of access stairs over
steep sloped areas;
B) adjacent yards do not have steep slopes as those found
in the applicant's lakeshoie yard;
• C) the improvements create no view barrier nor do they pose
hazards for neighboring properties;
. D) the improvement does not alter the character of the
neighborhood and would appear the improvements are similar
to the improvements within other lakeshore properties with
steep sloped lake yards;
E) the proposed improvements will have a positive effect on
the surrounding property values;�
F) the location of the 75 foot setback line in relation to
rear of house;
. G) the visual impact of structures within 75 foot setback
area is lessened, for property is located on a lagoon and •
not visible from main lake.
5. 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 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 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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6. The City Council finds that granting a conditional use permit
to allow the installation of retaining walls in applicant's
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 wil 1 it depreciate surrounding property values
and 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.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
• Council hereby grants variances to Municipal Zoning Code Sections .
10.21, Subdivision 1 and 2, and Section 10.55, Subdivision 8 to allow
spaced wooden decking and retaining walls within the lakeshore
' protected area where no structures, hardct�ver or land alterations are
permitted and grants a conditional use permit per Section 10,03,
Subdivision 19 to permit the installation of retaining walls within
applicant's lakeshore yard subject to the following conditions:
1. Ground areas under approved decking must remain pervious to
runoff. Any changes proposed in these areas must be approved by
the Orono staff to assure the improvement will not inhibit
penetration and treatment of runoff.
2. Erosion control must be installed at the time the lakeshore
retaining walls are installed. Orono s.taff to inspect prior to
land alterations. -
3. The maximum hardcover on the property shall be as follows:
0-75' setback zone = 315 s.f. or 4.3g
75-250 ' setback zone = 3,583 s.f. or 28$
4. The applicant is advised that no additional hardcover above
these limits will be approved, and any future proposals for
additional hardcover might be approved only with concurrent
� removals of existing hardcover. .
• 5. Authorities granted by this resolution 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 the special conditions of this
resolution will expire on that date (August 11, 1987).
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6. Violation 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 authori.ty granted
herein, and shal 1 be punishable as a misdemeanor.
7. 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, her$by agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this llth day of
August, 198��. .
ATT T:
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Do othy M allin, City Clerk Mary C. u� er, Mayor
Prope y Owne ( ) - �
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 'y� day of C , 1986
. before me a Notary Public within and for said county, personally
appeared ��c �,�-,,�, d �. !��S known to me to be •
the person(s) des ribed in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
� his (their) free act�� and deed.
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M��1��L. NAAB NOTARY PUBLIC
• i�1#1 COUNTYT�
A►M«I��sptn•ae.e2
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MY COMMISSION EXPIRES
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 foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed. .
NOTARY PUBLIC
• MY COMMISSION EXPIRES
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