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Home My WebLink AboutResolution 2086 . . ' :. -: � � C�ty o� ORONO . � � j�`�� . , � . . � . • RESOLUTION OF THE CITY COUNCIL �'�`- � � . NO. 2086 ,� • - • � � � . A RESOLDTION GRANTING A VARIANCE TO MLIPiICIPAL ZONING CODE SECTIOId 10.22, SIIBDIVISION 1 AND �F'TER-THE-FACT CONDITIONAL DSE PERMIT PIIRSIIANT TO SECTION 10.03, SIIBDIVISION 19 FILE #1094 WHEREAS, Dr. Glen and Marilyn Nelson (hereinafter "the applicants") are the owners of the property located at 500 Tonkawa Road within the City of Orono (hereinafter "City") and �legally \� described as follows: Tract B, Registered Land Survey No. 1305, Hennepin County, Minnesota (hereinafter "property"); and WH$R$AS, the applicant has made application to the City of Orono for a variance to Municipal Zoning Code Section 10.22 , Subdivision 1 to permit the construction of a gazebo, tennis court, and associated fences within the average lakeshore setback zone where no structural encroachments are normally allowed, and for a conditional use permit per Section 10.03, Subdivision 19 for grading work and retaining wal ls constructed and to be constructed in excess of the work normal and customary to tennis court construction (in excess of 100 cubic yards). � NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS � 1. This application was reviewed as Zoning File #1094. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The property is approximately 3.5 acres in area. • 4. A public hearing for this application was held by the City Council on November 10, 1986 at which time all interested parties were allowed to comment. -- Page 1 of 5 '-J t , .' �. , t.,�; • _ {��.:,�, � Ci.t� o� ORONO . � � ��_. _ • :��`�. . '"' �a RESOLUTION OF THE CITY COUNCI L •;�.;.:� :;�I`,. ��```"-� NO. 2086 ;.:�;' • • - • • t';:F� 5. The proposed construction and grading work is outside the 0- 75' lakeshore setback zone. The proposal for grading to create a f lat area for tennis court on a slope of 18$ includes 2 tiers of retaining walls at a height of 6'-8' each on the uphill side of the tennis court. The City Engineer has reviewed the site and grading plans ancl has recommended approval of the proposal conditioned on proper maintenance of the existing erosion control silt fence until the project is complete and slopes revegetated. 6. The proposed improvements include a 1-story gazebo of wood- frame construction, located adjacent to the tennis court, and a 10'-height green-colored vinyl-coated cyclone fence surrounding the tennis court. The f ence and gazebo W�1 i extend to a height below the tops of existing trees which screen the structures from the lake. The gazebo W�ii be located approximately 130' from the west shore of Stubbs Bay. Both gazebo and fence will be below the perceived elevations of the residence on the property as viewed f rom the lake. • 7. The proposed Iighting for the tennis court and gazebo is _ directed downward rather than to the side, hence no �ighting wi�l be directed toward the lake. 8. The gazebo, tennis court, and fences are to be located at a lower elevation than the existing residence structures on adjacent properties, hence there W�i1 be no encroachment on either neighbors' views of the ].ake. Both adjacent neighbors have acknowledged the application and have submitted no comments regarding the proposal. 9. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general ly 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 alYeviate 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. 10. The City Council finds that granting a conditional use permit to allow the grading work and retaining walls for the tennis court Wii1 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 W�11 it depreciate surrounding property vaYues and that the proposed level of use of the property W�i1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive P�an of the City. Page 2 of 5 � • ' � �:;.�.. � ,�. � c�t� o� oRoNO _ ,��*�. . • � ^�"�``� ' : RESOLUTION OF THE CITY COUNCIL k�Y R y�,l�.�,.. -. � �'>a;�� • NO. 2086 :��. • `�� - �� CONCLIISIONS, ORD$R AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of gazebo, tennis court, and asociated fences within the average lakeshore setback area, and grants a conditional use permit per Section 10.03, Subdivision 19 for grading work and retaining walls associated with this construction, subject to the folYowing conditions: 1. Applicants and applicants' contractor shall maintain the existing silt fence erosion control measures in a manner such that the silt fence retains its effectiveness. 2. All graded areas shall be revegetated as soon as possible � fol lowing completion of the project. Silt fence must remain in place until such time that graded areas are revegetated. _ 3. Applicant shall maintain the existing natural screening around the tennis court. 4. Lighting for the tennis court and gazebo shall be directed downward rather than toward the lake. 5. Applicants' contractor shall obtain a permit for the tennis court construction and gazebo construction prior to continuing work on the project. 6. 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 W�ii expire on that date (November 24, 1987). , 7. Violation of or non-compliance with any of the terms and conditions of this resolution shall 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 resoYution in the chain of title of the property. Page 3 of 5 ; ' � . • s,� . � � - � c�t o� oRONO � ,�� . � . . _.Z.:t�(.. . . �� • ' 't''� • � • RESOLUTION OF THE CITY COUNCIL � '�'��"� � 2 0 8 6 �'��h°� � • NO. �. ��:�.. . . _ .� - • , • . � � � . �,.. • . � . Adopted by the Orono City Council on this 24th day of November, 1986. ATT T: � . � G � othy al in, City Clerk Mary C. ler, Mayor Proper y ner s) . • , . . • . � . Page 4 of 5 �_ , _�� .� • _ . • , ,sr..< . ` #`� �# .� C�t� o� ORONO . . . ��: . . '.,,��h.�' . . � •ki.�'� �"', . � � �•- � : RESOLUTION OF THE CITY COUNCI L , �'•`� � 2086 r. �.,��'- `"� � NO. ` • - � • . �� . .�'..;E:ai�: � ' . ' . . . . . ' . S . , STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � � � day of n��.� o,,., �e./' , 1986 before me a Notary Public within and for said county, personally appeared (Q.'�n �� N e�.son and. /,p��,Lu n C. N '�lSon known to me to be .the person(s ) described in and who executed the foregoing instrument, and acknowledged that 'ip� (they) executed the same as � (their) free act and deed. ' � oo+�++�s�v+voo+e�+wro+a��+++++�e+.o C '"`=• MARY H. LAHR-HiLL l/ �� `QI�L(,� ��r- , � ��:�� NOTARY PUBLIC h11NNE50iA NOTARY PUB IC � " e � ' HENNEPIN COUNTY , 2 My Commission Expires 1an. 26, 199� 7�A - � ! �l� I 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 foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • MY COMMISSION EXPIRES _ - --Page 5 .of 5 _ T-�.! _ _ 7