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Home My WebLink About#6483-amending #6407-2015 � { �-,��a-'�t s�;�, �Ol V� �ITY ORF aRONO RESOLUTION OF THE C1TY COUNCIL � � y � A p F �' � �F O � N�. j�kFSHO�� A RESOLUTION AMENDING RESOLUTION NO. 6407 - FILE NO. 14-3664 WHEREAS, David Schmid, a single person, and Angela Ciliberto, a single person (hereinafter "the Applicants�') are the owners of the property located at 3309 Crystal Bay Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Wallace' s Addition to the Village of Minnetonka Beach, together with a portion of vacated street lying northeasterly of and adjacent to said lot described as follows: 'That part of said vacated street lying southwesterly of a line drawn from a point on the Southeasterly line of said vacated street distant 10 feet northeasterly from the most southerly corner of said vacated street, to a point on the Southwesterly line of said vacated street distant 113.91 feet northwesterly from said most southerly corner, Hennepin County, Minnesota. (hereinafter the "Property"); and WHEREAS, on June 9, 2014 the Applicants were granted variances and a conditional use permit for construction of a new residence to replace their existing residence on the property, which approvals also included a variance and conditional use permit pursuant to Section 78-966 and 78-1286 to allow grading and the construction of retaining walls within the 0-75' lakeshore setback zone where no grading is normally allowed, subject to specified conditions; and WHEREAS, the Applicants have requested a revision to the site plan approved via Resolution No. 6407 in order to allow replacement of the pre-existing block retaining walls along Crystal Bay Road with boulder walls, all of which will be less than 4 feet in height; and to allow re-orientation of the approved parking stall to be parallel to Crystal Bay Road rather than perpendicular to it, such stall to be approximately 24 feet in width and 7-10' deep, in the location of the existing driveway and slightly west of it. The front walkway and steps will also be slightly reconfigured; and Page 1 of 5 �o�o c�TY o� c�RONa RESOLUTION OF THE CITY COUNCIL � � y � `� G NO. G � 8 � r�kFSHo�� WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on October 20, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as an amendment of Zoning File number 14-3664. 2. The Planning Commission reviewed this application at a public hearing held on October 20, 2014 and voted 7 for and 0 against on a motion to approve the requested site plan revisions including wall replacement, parking stall re- orientation and sidewalk reconfiguration, based on the following findings: a. The proposed revisions result in a wall system that avoids the 8-foot high wall system that would have required additional safety measures such as fencing. b. Re-orientation of the parking stall as proposed will not impede City street maintenance and will likely create a safer situation for a vehicle exiting the site given the hill on the neighboring property to the east. c. Grading in the area of the parking stall will create a slope that is less steep and will tie in better with the existing grades on the adjacent property. Site drainage will still be routed along the west side of the stairway as previously approved. d. Aesthetically, the boulder walls may create a more natural look than the pre- existing fieldstone-faced walls. As part of the project, the existing concrete steps will be replaced with a curved stairway leading up from the street to the flatter area near the house, plus some stepping stones around the house. e. The proposed stall has been configured and sized to be equivalent to the existing amount of hardsurface associated with the existing driveway. The stall will be required to be paved. Hardcover with the proposed configuration has been held to the 36.6% approved in the original plan. 3. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the site plan revisions to the approved variances and CUP on the health, safety and welfare of the community. Page 2 of 5 �°�o �I�'Y QF QRO�N� RESOLUTION OF THE CIT'Y COUNCIL � � � � `� G No. � dQ � I�kE S H�� 4. 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 approval of revisions to the site plan previously approved for variances 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 Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a revision to the site plan approved via Resolution No. 6407 in order to allow replacement of the pre-existing block retaining walls along Crystal Bay Road with boulder walls, all of which will be less than 4 feet in height; and to allow re-orientation of the approved parking stall to be parallel to Crystal Bay Road rather than perpendicular to it, such stall to be approximately 24 feet in width and 7-10' deep, in the location of the existing driveway and slightly west of it; and to allow reconfiguration of the front walkway and steps; all subject to the following conditions: 1. Council approval is based on the revised site plan survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, Any amendments to the revised site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Applicants shall obtain a separate building permit for construction of the boulder walls prior to commencement of construction. 3. Under the revised site plan, Condition 4 of Resolution No. 6407 requiring a fence or other positive safety barriers shall be placed above the retaining walls that surround the lower parking area, is no longer required. 4. All other conditions of Resolution No. 6407 shall remain in full force and effect. 5. Authorities granted by this resolution run with the property not with the Applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the boulder wall system within one year of the date of Council approval, or the approvals granted herein will expire on that date(February 9, 2016). Page 3 of 5 ��0 �ITY OF �RONO RESOLUTION OF THE CITY COUNCIL � � � ti �' �' N O. L A o � r`�kFSHo�� 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 Applicants have read understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 9'h day of February, 2015. ATTi�T: '--� �' , , r � � • ��.. 1 �r"li'lt` ane �egs,�"i�y Cle#� Lili Tod McMillan, Mayor O er Page 4 of 5 �°�o �ITY C�F �RO�NO RESOLUTION OF THE CITY COUNCIL � � y� � b48 � G NO. r�KESH�� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this -3 day of ��Q�. , 2015, by David Schmid, a single person. " `"� �' �VL(..(�(,. �1.��t...C�,� , �`�� t<":�� NOTAORNIP BAIC�AD NESOTA Y Notar Public '�t� ;>''!'�?y Cor�mrssion Expires Jan.31,20?l � -.P��-:.::=.F.:�.Va-'±�7`v� �. STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this �day of G��2-r/�ZO15,by Angela Ciliberto, a single person. .�,`,,„;'_;r, � �y' �� MONICAA.FADNESS '�� NOTARY PUBLIC-P✓11NNESOTA �� ot Public �,�. ,.,,9� i�F�Cor�mission Expires Jan.31,20'7 `��.->�;,:;�,.'�'.�,��_ �,. 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O ��I �` `:,• �:' / �-- �� M�STAIRS I �'_�I :��- r—� �� ---0--- �+'i � ' � / CK LRJE�+-�-� O : r:.._ � � � , pING SETBA �� AVER�GE B111L�_-- u.e �� . -°/ I � :.1 // �---- � 940.3 �CVKR� �B�� ....__ __. ...32" OAK -:.� I � � 34.0 � . f-LOOKOUT--► I :;% � / I :_...: / � � i I ,�70"z10" ASH � _—' 942 __._.._.... ,/.o I �—' ___.. ._._. ^ tc�"'� 12" ASH, � ._ .�. � � ' S�0lGS W � N PROPOSED 9 Po`K�.... � �944.,> i .L�"".i N � � SETBAC /�/ HOUSE 2.5�� .Dc ��-• r � I M LINE � C ��t� ;__ . O m �`�r+rnr O I ..:•" O I N � J ': #3309 '.� ° ,a_,:_:..... 20 � I ._...I..-- . ' d- � � ,0:4...----- : ,as s.o � : % •-.... cover¢v r/�1 � a SROPOEND �TI \~/ I ~,�.. N I �,---fp�— � � � � �� 4,¢, ' I I �,...,. ; i Z ,. ` ; � � � : o ;o .._�. .. I : J�F4 '.E%IS11NG HWSE f�V ....-� N I � '. `,To e[aEuoveo.._.......... , l �2y: � � � \ ....... � w' ' � \y\ I wz' � � f �1��i I a`` �' � ; I(944.8) I 14" WALNUT_ , I a� �`� � � 24A : I I SW'LY LM1E f :n y�.o VACATED STF (945.2):' . � �H�o+ EXISTING SHED PROPOSED '- � � �• � 54 TO BE REMOVED DRI�/EWAY :`�•+. �, ��j (945.1) i'0 '726 LINDEN_ �'��;MOST 5'lY CORNER �'• OF VACATED STREET . ......---�-�-S 54°45' 00" W 60.00---�---..:-� , (945.8) p�� iii 24" ELM � BLACKTOP DRIVEWAY � / / , � . STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on February 9, 2015, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal Df the City this 16th day of March, 2015. - �,;; , (� /L�� • � I . °a " �,' �`�. -iegs�C�ty�i ler . � -, — ; Q =�� - '`�}�sf� � c.�, ' i,_�,ff' �''��, r :. , ri�`��. ' �.�� '<<, �• � ,�4�� - !�=� �'��.,.,, .,:-_�� . � . 3�0 � �� Doc No A10175714 Certified, filed and/or recorded on Mar 26, 2015 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 52 Pkg ID 1221327M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document.