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Home My WebLink AboutResolution 2206 ,, ,. � �. _ ' .� , . � clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCI L � NO. 2206 � ' • - • • • . A RESOLIITION GRANTING A VARIANCE TO � MiTNICIPAL ZONING CODE ' SECTIOPi 10.55, SIIBDIVISION 8 AND SECTION 10.22, SDBDIVISION 2 AND GRANTING A CONDITIONAL IISE PERMIT PER MONICIPAL ZONING COD$ SECTION 10.03, SIIBDIVISION 19 FILE #1158 WHEREAS, Robert P. Schmitt (hereinafter "the applicant") is the owner of the property located at 1475 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as folYows: Section 11, Township 117, Range 23 ; That part of Government Lot 2 lying North of N.J. Stubbs lst Addition and lying Easterly of County Road No. 15 and Southerly of the channel running from Mud Lake to Lake .; Minnetonka, Hennepin County, Minnesota (hereinafter "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the re-grading of his lakeshore yard, requiring a conditional use permit per Section 10.03, Subdivision 19 and a variance to Section 10.55, Subdivision 8; and to permit replacement of existing hardcover in the 0-75' lakeshore setback zone where no. hardcover is normally a1 Iowed per Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 ; and to permit the grading work associated with the removal of a non-conforming structure located less than 10 feet from the shoreline, per Section 10.03 , Subdivision 19. NOW, THER$FORE, B$ IT R$SOLV$D by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning Fi1e #1158 2. The property is Iocated in the LR-lA Single Family Lakeshore Residential Zoning District. " 3. The Orono PYanning Commission reviewed this application on June 15, 1987, and recommended approval of the projects, based on the fol lowing findings: � A) The two areas of existing cracked concrete to be replaced include -a 5'x25' entryway slab providing access to the main entrance of the house, and an apron in front of the garage doors that is mostly under an overhang. Both of these items are integral to the house and have existed since the home was built in 1955. ' D...�.. l ..� A . . �' , Cit� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2206 � ' • � • • . B) The small bath house at the lakeshore is of rock and mortar construction and this building has become dilapidated. Applicant proposes to remove this non-conforming structure and grade its foundation to blend with the, existing contours of the lot. This � project is an improvement to the property and will decrease the � hardcover percentage in the 0-75' setback zone. C) The berm at the edge of the lake created by ice pressure over -. � : many years is a safety hazard due to its unevenness and creates problems for lawn maintenance. Re-grading and immediate se- sodding of the berm area as proposed wi 11 have no detrimenta 1 effect on the lake. 4. The City Council finds that the conditions existing on this pro- perty 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- • strable 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. 5. The City Counci 1 f inds that granting a conditiona 1 use permit to allow the proposed projects in the 0-75' lakeshore zone will not be detrimenta 1 to the hea 1 th, saf ety or genera 1 we 1 f are of the pub 1 i c, 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 proposed level of use of the property wil 1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDSR AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants conditional use permit per Section 10.03, Subdivision 19 and a variance to Section 10.55, Subdivision 8 to allow re-grading of the lakeshore yard; and grants a variance to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to permit repladement of existing hardcover in the 0-75' lakeshore setback zone where no hardcover is , normally allowed; and grants a conditional use permit per Section 10.03, Subdivision l9 to permit the grading work associated with the removal of a non-conforming structure located less than 10 feet from the shorelin.e, • subject to the following conditions: 1. The concrete areas to be replaced shall be replaced with no increase in area nor change in location from the existing slabs. Page 2 of 4 � � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCI L � NO. 2206 � ' • � • • . 2. Removal of the non-conforming structure and grading of its foundation area and the shoreline berm area, and re-sodding of the disturbed areas, sha11 take place within the time span of one week to � minimize the potential. for erosion. Silt fence shal� be maintained by the applicant or his contractor during all phases of the work. 3. The applicant is advised that the proposed shoreline grading work will not solve the problem but only correct the damage caused to date. The rip rap along the shoreline has been placed at approximately a 1:1 slope. The steep slope does not aY1ow the ice to ride over the rip rap. Extensive rip rap work would be necessary to minimize future probYems with the shoreline. 4. Applicant is advised that hardcover on the property is excessive in the 0-75' lakeshore setback zone and any proposed future additions of hardcover on the property wilY require variance approval. � 5. Permits required for this project incYude: a) Grading Permit - $50.50 per current fee schedule. b) Demolition Permit - $30.50. 6. Authorities granted by this resolution run with the property not with the appYicant, but are permissive only and must be exercised by application for the proper permits within one year of the date of Council approval, or the speciaY conditions of this resolution w�1i expire on that date (June 22, 1988). 7. Violation of or non-compliance with any of the terms and condi- tions of this resolution sha11 constitute a violation of the zoning code, shall automatical ly terminate any authority granted herein, and shall be punishable as a misdemeanor. 8. 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 22nd day of June, 1987. AT E� T: . • D rothy Hallin, City Clerk Jam s R. Grabelc, ayor � , � Property Owner(s) . , Page 3 f 4 . . . . 4 y � 1 r � • � City o� ORONO � RESOLUTION OF THE CITY COUNCIL �� NO. 2206 � ' • - • • , STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIN ) On this lOth day of July , 198 7 before me a Notary Public within and for said county, personally appeared Jeanne R. & R.P. Schmitt, husband & wife 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 _ STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this day of , 198 , 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 . _ . � - -. . , . -, � _, , • , �. . . .:.F . . . � c: . , . � � � . Page 4 of 4 - " ��" � ;