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Home My WebLink AboutResolution 2434 .�., �. , . d Cit o� ORONO � . � � RESOLUTION OF THE CITY COUNCIL � NO. 2434 • - � � A RESOLDTION GRANTING . VARIANC$S TO MONICIPAL ZOFiING CODE SECTION 10.22, SQBDIVISION 2 AND SECTION 10.55, SDBDIVISION 8 . . . . .. AND CONDITIONAL DSE PERMIT PBR � MIINICIPAL ZONING CODE S13CTION 10.03, SDBDIVISION 19 FIL$ #1273 WHEREAS, Rollin and Sharon Lacy (hereinafter "the applicants") are the owners of the property located at 2655 North Shore Drive within the City of Orono (hereinafter "City") and legally described as fol lows: That part of Government Lot 4, Section 9-117-23 described as follows: commencing at a point in the center line of County Road 51 as laid out and traveled in the eastly and westly direction across said tract, • which point is 825.35' eastly from a point where the center line of .said road intersects the western line of said Government Lot 4 ; thence at right angles to said center line of said county road a ' distance of 382.12' more or less to the shores of Lake Minnetonka; thence eastly along the shore of said lake 210' to a point in the center line of so called side road leading from county road aforesaid to said lake; thence northeasterly along the center line of said side road a distance of 385' more or less to a point of the center line of aforesaid county road; thence westerly along the center line of said county road a distance of 270' to the point of beginning according to the plat thereof on file or of record in the office of the county recorder, Hennepin County, Minnesota (description per document number 4753759), (hereinafter "property"); and WHEREAS, the a�plicant has made application to the City of Orono to permit the filling of approximately ,250 cubic yards of fil 1 within 75' of the shoreline of Lake Minnetonka where no filling is al lowed per Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 and a Conditional Use Permit for the proposed land alteration that exceeds 100 cubic yards of fill per Section 10.03, Subdivision 19. NOW, THER$FORE, B$ IT R$SOLVED by the City Council of Orono, Minnesota: �,? FINDINGS • 1. This application was reviewed as Zoning File #1273. 2. The property is located in the LR-lA Zoning District requiring a minimum of two acres of area. Page 1 of 4 � ,> . ' r - • � �� ::� �. Ci.t of ORONO � � � �: .:� RESOLUTION OF THE CITY COUNCIL � NO. 2434 • � • � � 3. The property is approximately 2 plus acres in area. 4. The Orono Planning Commission reviewed this application on May 16 , 1988 , and recommended approval of the variances and Conditional Use permit as amenaed and based their approval on the following findings: . A) The fill project as amended by staff is consistant with other permits issued by the City under the Temporary Storm Damage Repair Ordinance. B) The proposed fill will allow the owners/applicants to maintain mature trees damaged with the shoreline erosion. C) The proposed rip-rapping of the shoreline will also protect a portion of the public easement that abuts the property on the east side. • 5. 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 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 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. 6. The City Council finds that granting a conditional use permit to al low the filling of approximately 25 cubic yards of fill to land side of the proposed rip-rapping of the shoreline will not be detrimental to the hea lth, saf ety or genera 1 we 1 f are of the pub 1 ic, wou ld not adversely affect light, air nor pose a fire hazard or other danger to neighboring propert�es, nor will 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. , CONCI�OSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Counci 1 hereby grants variances to Municipal Zoning Code Section 10.22, •Subdivision 2 and Section 10.55, Subdivision 8 to allow filling within 75' of the shoreline of Lake Minnetonka and grants a conditiona:t use permit per Section 10.03, Subdivision 19 for filling in excess of 100 cubic yards, subject to the following conditions: Page 2 of 4 \ i :� � d Clt of ORONO • � ; � ,�' ,� RESOLUTION OF THE CITY COUNCIL `':, � NO. 2434 � � • • .1. � T e Orono Zoning staf f sha 11 c lear ly def ined the f i 11 1 ine at the shore prior to applicants rip-rapping and restoration work within the lakeshore protected area. 2. Applicant shall provide appropriate erosion control during the entire land alteration phase. � 3. The improvement of the public easement along the east side of the property within the shoreline area shall be limited to west side of the easement along the east corner of the existing fence line. Rip- rap shall not be extended along the shoreline of the public easement. 4. 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 permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (May 23, 1989 ). 5. Violation of or non-compliance with any of the terms and condi- tions 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. ' 6. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their _ .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 23th day of May �988. __ 1 ATT ST: D othy M allin, City Clerk— Jame R., Grabe , yor _ � . roperty Owner(s) • Pa e 3 of 4 g " :.,.; �,' ... � d c�t� o� oRONo • �� RESOLUTION OF THE CITY COUNCIL � NO. 2434 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) .1// On this / day of • , 198� before me a dt ry Public within a for said ou ty, personally appeared known to m to be the person s) escr' ed in and who executed the foregoing instrument, and acknowledge that he (they) executed the same as his (their) free act and deed. . �L��GG ! ct�tone ,�. x� o�Y � aL z c � NOTARY PU8l.IC-MIPtNE80TA �� HENNEPiN C011NTY MY�rM�Mon�7-td-00 � . . �— /� �� MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) . On this /� day of L�� , 198�', before me a a y Pu lic wit 'n and fo said County, personally appeared known to me to be the person(s) desc ib in d who executed the foregoing instrument, and acknowledged th he (they) executed the same as his (their) free act .and deed. GLORIA M. ST. JONN ��°b� NpjARYPUBLIC-MINNESOTA NO ARY PUBLI = HENNEpiN COUNTY My Commisslon ExPires Feb.25,1894 � � ��-9�' MY COMMISSION EXPIRES Page 4 of 4