HomeMy WebLinkAboutResolution 2203 ° ' � ,.
� c�t o� oR,oNo
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• RESOLUTION OF THE CITY COUNCIL
� NO. 2203
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A RESOLIITION GRANTING A VARIANCE
TO MUNICIPAL ZONIAIG CODE
SECTION 10.22, SIIBDIVISION 2
AND GRANTS CONDITIONAL APPROVAL FOR
PARR D$VELOPMENT PDI2SII�I�iT TO CONDITIOPIS OF
RESOLIITION NO. 1652 OF THE CITY CODNCIL
FIL$ PIO. 1020
WH$REAS , the Suburban Hennepin Regional Park District
(hereinafter "the applicant" ) is owner of the property located at �865
North Shore Drive within the City of Orono (hereinafter "the City" ) and
legally described as follows:
Exhib�t "A" attached; (hereinafter "the property) ; and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10. 22 , Subdivision 2 to permit the
installation of trail improvements that will increase the hardcover in the
0-75' lakeshore setback zone to 3.8$ where no hardcover is normally
• allowed; and has applied for City Council review of the Noerenberg Park
Master Plan pursuant to conditions of City Council Resolution No. 1652
adopted July 9, 1984; and
WHEREAS, the use of a public-owned park is a permitted use in the
LR-lA Single Family Lakeshore Residential Zoning District in which the
property is located; and �
WHEREAS, because the intensity and type of usage of Noerenberg
Park is a concern of the residents of the City of Orono, and because the
property is an environmentally significant wildlife and natural area on the
shore of Lake Minnetonka, and because the use of the property as a regional
park has a potentially greater impact on traffic through the surrounding
neighborhood than would a purely local public park or playground, the City
has requested that the applicant allow the City to review and conditionally
approve development of the property as a regional park, and the applicant
has agreed to such a review process.
NOW, TH$REFORI3, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File No. 1020.
2. The property is located in the LR-lA Single Family Lakeshore
• Residential Zoning District.
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� Ci.t� o� OROl'�TO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2203
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3. The Council finds that the increase in hardcover to 3.8$ in the 0-
75' setback zone to provide for nature trails as well as to provide
for the hardcover contained within the existing well house and gazebo
near the lakeshore is not inconsistent with the intent of the �
Municipal Code and Community Management Plan. The hardship in this
instance is that without such a trail system, the natural aspects of
the property cannot be enjoyed to the fullest advantage by the members
of the public using the park.
4. The Noerenberg Park Master Plan has been submitted to the City
Council for review. Major points in that plan include:
a) Relocation of driveway on the north side of County Road 51.
b) Relocation of the main entrance driveway on the south side of
County Road 51.
c) Construction of a new parking lot on the south side of County
• Road 51.
d) Removal of the existing garage/storage building.
e) Construction of a new visitor center, including:
i) Reception area;
ii) Park office; � .
iii) "Classroom" or small group discussion area;
iv) Park plantings maintenance area/lath house;
v) Rest rooms;
f ) Construction of a Memorial Arbor.
g) Construction of approximately � mile of pathways through the
grounds.
5. The proposed access locations have been reviewed and approved by
the Hennepin County Department of Transportation.
6. The City Council has-reviewed and approved the Alternative 2
� Parking Plan on August 25, 1986 with a vote of 4 ayes and 0 nays.
That Parking Plan provides for an initial paved parking area for 24 �
cars, with potential overf low/expansion for an additional 26 cars.
The Council suggested that the future expansion area would be an
appropriate test location for the use of "grass pavers".
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2203
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Parking on the north side of County Road 51 was approved by the
Council on June 9, 1986 subject to the limitation that only 10-12
graveled parking spaces would be developed and that no grading to
create parking expansion area would be allowed on the riorth side of
the County Road.
7. The proposed visitor center was approved by the Council on June 9,
1986 with the stipuYation that any changes in size or exterior view
would be subject to additional Council review, and that retail sales
of goods or services would be limited within the structure.
8. The Memorial Arbor, pathways, and general site plan were approved
by the Council on June 9, 1986. The City Engineer has reviewed the
• revised grading and drainage pYans and they meet with his approval as
We1 i as that of the Minnehaha Creek Watershed District.
9. The landscape plan provides for appropriate screening of the
parking area from the County Road and from neighboring properties.
10. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
staff and comments of the applicant and the effect of the proposed use
on the hea 1th, saf ety and we 1 f are of the community.
11. 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 requested
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 difficuYty; is necessary to
preserve a substantiaY 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. �
CONCLDSIONS, ORDB1t, AND CONDITIONS
Based upon the above findings, the Orono City Council hereby
grants a variance to Zoning Code Section 10.22, Subdivision 2 to permit the
• instal Yation of trail improvements that W�i i increase the hardcover in the
0-75' lakeshore setback zone to 3.8$ where no hardcover is normally
allowed; and hereby grants conditional approval of the Noerenberg Park
Master Plan attached hereto as Exhibits B thru E, subject to the following
• conditions:
Page 3 of 6
Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2203
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1. Hardcover in the 0-75 ' setback zone is Iimited to the following:
Gazebo 575 s.f.
Pumphouse 430 s.f.
Pathways 3,555 s.f.
4,560 s.f. or 3.8�
Hardcover in the 75-250' lakeshore setback zone per the proposed plan
is approximately 4.1$ where 25� hardcover is a1. Iowed. Hardcover in
the 250-500' lakeshore setback zone per the proposed plan is about 15�
where 30� hardcover is allowed.
2. The proposed improvements are approved in accordance with the 3
phase plan as follows:
• Phase I - Memorial Arbor
- Landscape Plantings to the East
- Parking and Grading
- Site Utilities, Modify Irrigation System
Phase II - Visitor Center
- Pathways ,
- Garden TrelYis/Plantings
Phase III - Water Feature
- waii Garden at Entrance
- Fountain Sculpture
- Other Architectural Features
3. The approved grading plan is attached as Exhibit B. Any changes
in that plan sha11 be subject to City review.
4. Retail sale of items in the visitor center shall be Iimited to
garden related art, books, and the like. No food or beverages shal 1
be sold. �
5. Parking on the north side of County Road 51 shalY be limited to
the 10-12 spaces shown on the approved grading plan. Parking on the
south side of County Road 51 shall be limited to 24 spaces as shown on
the attached grading p1an, Exhibit B, with future expansion area
adjacent limited to an additionaY 26 spaces which are intended by
; � Council to be developed using an innovative "grass paver" system.
DeveYopment of those 26 additional spaces w�ii be subject to Council
review.
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� 6. The applicant is advised that the proposed development is subject
to the following City permits:
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2203
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1) Grading permit (for site grading work) ;
2 ) Building permits (all structures) ;
3) Demolition permit (existing garage) ;
4 ) Miscellaneous general permits (well, sewer connecti�n,
mechanical, plumbing).
7. Variance authority granted by this resolution runs with the
property not with the owner, but is permissive only and must be
exercised by commencement of the improvements which require the
variance (pathway system) within one year of the date of Council
approval of this resolution, or the special conditions of this
resolution related to the variance will expire on that date (June 22,
1988) and will at that time be subject to application for a variance
• renewal.
8 . 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 authority granted
herein, and shall be punishable as a misdemeanor.
9. The undersigned owner� 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 22nd day of June, 1987.
ATTE .
i
. Dorothy M. llin, ity Clerk Ja s R. Grabek, Mayor
Prope y wner(s ) Ve' J. Hartenburg, vi d Latvaaho, Chai rman, Board of
Secretary to Board of Commissioners Commiss7oners , Suburban Hennepin
• Regional Park District
Page 5 of 6
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Cit� of ORONO �
• RESOLUTION OF THE CITY COUNCIL
� NO. 2203
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �O � day of _ _ , 198�
before m a Notary.�Pu}�lic within and r said county, personaYly
appeared ' �;;e!�a c� U�.�,�� . known to me to be
the perso (s ) described in and who e cu ed the foregoing .
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
� `�.
NOTA Y PUBLIC
•
� 9
MY MMISSIO EXPIR S
�`� GENOA H. GrSALVO
K.,.
STATE OF MINNESOTA ) c �,�!�. ��TAnY rUSLIC—MINIvESOTA
- :e HENNEPIN COUNTY
�S S. �Ry commission expires Jan.18,1991
COUNTY OF HENNEPIN )
On this day of , 198 , before me
a Notary PubYic 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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EXHIBIT A
�: Noerenberg Memorial County Park RESOLUTION tv0. 2203
Legal Description .
That part of Government Lot 2 and 3 lying northeasterly of Noerenberg Channel
and that part of Government Lot 4 and 8 lying northerly of Highway No. 51 and
lying westerly of Highway No. 84, all in Section 9, Township 117, Range 23,
Hennepin County,Minnesota.
Also:
That part of Government Lot 4 described as beginning at the intersection of
the west line of Government Lot 4 and centerline of County Road No. 51; thence
southwestly along said centerline 390.0 feet; thence southerly to a point on
the shore of Lake Minnetonka 322.5 feet easterly as measured along said
. shoreline from the southwest corner of said Government Lot 4; thence westerly
along said shoreline 322.5 feet to the southwest corner of said Government Lot
4; thence North along the west line of said Government Lot 4 to the point of
beginning. All in Section 9, Township 117, Range 23.
Also Except:
That part of Government Lot 3 �and that part of Government Lot 8, if any,
described as cor►xnnencing at the southeast corner of said Section 9, thence on
an assumed bearing of North 9 degrees 39 minutes 57 seconds East along the
� east line of said Section 9, a distance of 1323.63 feet, thence South 89
degrees 54 minutes 41 seconds West a distance of 324.00 feet; thence North 58
degrees 28 minutes 49 seconds West a distance of 1268.51 feet; thence North 64
degrees 32 minutes 27 seconds West a distance of 859,20 feet; thence North 72
degrees 38 minutes 02 seconds West a distance of 472.14 feet; thence North 00
degrees 58 minutes 30 seconds East a distance of 194.14 feet, thence North 87
degrees O1 minutes 30 seconds West a distance of 13.0 feet to the actual point
of beginning of the land to be described; thence North 00 degrees 58 minutes
30 seconds East a distance of 82.0 feet; thence North 87 degrees O1 minutes 30
seconds West a distance of 31.0 feet; thence North 00 degrees 58 minutes 30
seconds East a distance of 83.0 feet; thence South 88 degrees 28 minutes 30
seconds a distance of 98,0 feet; thence South 5 degrees 09 minutes 15 seconds
East a distance of 158.81 feet; thence South 87 degrees O1 minutes 30 seconds
East a distance of 112.0 feet to actual point of beginning.
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