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Home My WebLink AboutResolution 3484 6371388 0�' CITY of ORONO O : O RESOLUTION OF�1`11EC COUNCIL ti Og�G ESH A RESOLUTION GRANTING VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, SECTION 10.56, SUBDIVISION 16 (C) (5)9 AND SECTION 10.56, SUBDIVISION 16 (L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE NO. 1965 WHEREAS, James Lear (hereinafter the "applicant") is owner of the property located at 2525 Dunwoody Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 9, Block 8, Townsite of Langdon Park, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono to permit the construction of retaining walls and stairway at the lakeshore, requiring variances to Municipal Code Sections 10.22, Subdivision 2, 10.51, Subdivision 8, and 10.56, Subdivision 16 (L) to allow hardcover in the 0-75' lakeshore setback zone, and a variance to Section 10.56, Subdivision 16 (C) to allow retaining walls which are prohibited in the shore setback zone, and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1965. 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 19, 1994 and October 17, 1994 and on a vote of 7 to 0 recommended approval of the necessary variances and conditional use permit for construction of a new retaining TRANSFER ENTEREDwall system and stairs based on the following findings: HENNEPIN COUNTY TAXPAYER SERVICES Page 1 of 5 DEC 2 1994 N NN. gy DEPUTY Fo m 5005 Disk Omw ' 1 O CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 3484 ESS a. The property currently contains an existing deteriorating retaining wall system and stairway at the lakeshore. b. The existing retaining walls are located within 30' of the shoreline but do not extend the full width of the property. The shoreline bank extends approximately 18' above lake level, and is exhibiting slump failure. C. The proposed retaining wall system designed by American Engineering Testing, Inc. has been approved by the City Engineer from an engineering standpoint. d. The existing retaining wall system/stairway hardcover including a 43 s.f. existing shed is approximately 2.5%. The proposed retaining wall system/stairway/shed will comprise approximately 5.5% hardcover in the 0-75' zone. The majority of 0-75' hardcover is the retaining wall system. e. The applicant has provided a suitable planting and revegetation plan which compensates for the necessary.removal of existing juniper type vegetation along the Lakeshore bank, which will be removed in order to facilitate the retaining wall project. Further, the planting plan provides sufficient varieties and quantities of shrubbery to provide adequate screening to the new retaining wall system. f. Planning Commission finds that approval should appropriately be conditioned on proper erosion controls, appropriate vegetation screening, and a finite time period for completion of the project to minimize erosion potential. 4. The 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 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 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. Page 2 of 5 F=5005 Disk Orono O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL c4 S og�G E 5. The City Council finds that granting a conditional use permit to allow construction of a retaining wall system and stair replacement will not be detrimental to the health, safety or general welfare of the public, would not a�jversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the 1) iiji�i d 1c'."Cl Cf ibSf (.j." ii; i:•Cl)i;irE wiia iiie tntc'iit and OlJcctiv((s fel' the Zoni ?`, Code i>ia;l oS :he City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (L) to allow hardcover in the 0-75' lakeshore setback zone of 5.2% where no hardcover is normally allowed, and grants a variance to Section 10.56, Subdivision 16 (C) (5) to allow const;uction of retaining walls where they are normally prohibited in the shore setback zone, and grants the conditional use permit: required for lakeshore alterations per Section 10.03, Subdivision 19, subject to the following conditions: 1. Hardcover in the 0-75' zone shall not exceed 5.2% (490 s.f.), and constriction shall adhere to the approved design by American Engineering Testing, Inc. and the sit-- plan and planting scheduie attached as Exhibit A. 2. Applicant shall obtain the necessary 'land alteration permit prior to construction. Further, applicants shall obtain the appropriate Minnehaha Creek Watershed DfStt,C? C',- ''n'it for ript;�(t ;lt t11{, :h{ r:-''s'lE pri,^,r {f7 in -,rap 3. Applicant shall remove shed at 43 s.1. within 0-75' setback area. The block wall to rear of structure that serves as a retention wall shall remain. A lockbox at 20 s.f. shall be constructed at the same location per site plan attached as Exhibit A. 4. Proper erosion control procedures shall be established and maintained during construction activity in accord with MPCA's "Best Management Practices for Protecting Water Quality in Urban Areas", and in accord with the provisions of Orono Shoreland Regulations, Section 10.56, Subdivision 16 (J). Page 3 of 5 Form 5005 Disk Drom CITY of ORONO _ RESOLUTION OF THE CITY COUNCIL NO. G �9�ESHOg� 5. In order to minimize the period during which the shoreline is disrupted, the retaining wall system construction shall continue to completion without delay once construction has commenced. Completion of" plantings per Exhibit A shall be completed as soon as weather permits after retaining wall construction. u. A representative o:the retaining wail Geslgn :iriii (AuWrtc-an k'ngineering Testing, Inc.) shall be oij site curing construction to observe conditl0ils. 7. Authorities granted by this resolution run with the property not with the owners, 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 will expire on that date (October 24, 1995). 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, understood and hereby agree to the terms of this resolution and on behalf of themselves, their 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 this 24th day of October, 1994. AT, �ZZL-,/a. z 3 � Qe, Ile r i/�21�9 Ctty,.Clerk Edward J. Calla ,n, Jr., Mayor ;RT .. �• . Propert Owner(s) Page 4 of Fa 5005 Disk Orono • O CITY of ORONO RESOLUTION OF THE CITY COUNCIL 17 NO. 34846 � ESS STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of October, 1994, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrurnert was executed on behalf of the City. [(e:7HENNEPIN LE A. HASEMAN PUBLIC.—MINNESOTA 0 COUNTY ISSION EXPIRES 8-2398--�- Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 14A day of , 199 , before me a Notary Public within and for said County,personally appeared known to me to be the person(s) describ in and who e ecute the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �•. JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA • = •. HENNEPIN COUNTY »»• My Comm.Expires 12-19-97 tart' blic STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this/ of re er , 199 41 , before me a Notary Public within and for said County,personally appearedA� ;,; J&Q r, niarr-moo/ 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. CAROLE A. HASEMAN NOTARY PUBLKI—MINNESOTA g HENNEPIN COUNTY ` MY COMMISSION EXPIRES 82398 Notary Public Page 5 of 5 Form 5005 Disk Orono / / Wod Flowers ��ffJEXHIBIT A IE..VOW 11/Hardy Shrub P- -3/Dwarf Austrian Pine Ex.Stump Ex.Stum p Water '7 Flowers 5/elack Chokeberry vent al Planted Existing Lawn MUsrLte with Wrood Fi 1Mukh f EX.Ash 19/Daphne Spirea 1 ib FlowersEx Gm.Ash luto4r O Ex.Light 17/VYI[on carpet � � � - . 4/Mms Kim Lilac Dwarf Tre - 7 221Mckay's While Poterrtilb J Grass Path I a/Techney Arborvitae Hedge I - 15/Wilton carpet Juniper r:. - 3/Dwarf Spruce a e,r,;perenroal Planted ' Hillside withExisting Lawn u•Gm.Ash 4 Wood Fiber Mulch +.. ° ,• , w •: O Ex.Flag Pbk'., 15/Dwarf Korean Lilac 4/Hardy Shrub Roses - Dvarf Spruce �x •�; r�`'' 5/Dwarf Korean Litac . IPeni renal Planted -- :r Hillside with i" a Wood Fiber Mulch tip•. Dock old steps Oak - 7- 7-? 0 3/Grey Twigged Dogwood ll Macopin Pine Tree 5/Shibori Spirea r 3 "J.-4 `to Y of S�.�e� :.�. IN S m�� Lvcu.�`Iv�F gustafson design, inc. Low RcWdwo= Scale:1kich=16 feet Sift—Am8*LAAVWAW*� 2525 Dmwoocbf Ave. October 14,1994 RESOLUTION # STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORON O ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a 1meeting eetin of and thatsaid City the same is aotruellheld on and correct October 24 94 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 26th , day of October 1994 orothy M. in, City Clerk C R d;{`w t %4 -V :13- 038 1 :01 wd S— 030 M61 NO c'O�Pri 0,'i!',_,.... os"t$ COS SRC C9 P'