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Home My WebLink AboutResolution 2649 . . , . �so�zos City o� ORONO RESOLUTION OF THE CITY COUNCIL • NO. 2649 • � • • A RESOLDTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SDBDIVISION 2, AND SECTION 10.55, SUBDIVISION 8, AND DENYING A CONDITIONAL DSE PERMIT PER S$CTION 10.03, SIIBDIVISIONS 19 & 20, FILE #1391 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to Minn. Statutes 412 and 462, et. seq. , the City Council of the City of Orono has adopted a Community Management Plan and Zoning Regulations for the protection of the Public health, safety and general welfare; and WHEREAS, Terry Sadler (hereinafter the "applicant"), is the owner of property located at 1396 Baldur Park Road and legally described as follows: ��;ot 16, Block 1, BAI,DUR PARK, Herinepin. Oaunty, Minn�sota, (hereinafter the "property"); and WHEREAS, the applicant has applied to the City of Orono (hereinafter the "City") as fol�ows: 1. For variances seeking approval of land alterations conducted within 0-75' of the lakeshore of Lake biinnetonka where no land alterations are allowed per Section 10.22 , subdivision 2, and Section iu.55, subdivision 8; and 2 . For a conditional use permit per Section 10 . 03 , subdivision 19 and 20 , for land alterations including placement of fill and construction of retaining walls within the 0-75' lakeshore setback zone; and WH$R$AS, the City Council of Orono has reviewed the application; the recommendations of the City staff and Planning Commission, the comments of the City Engineer, the written statement submitted by the applicant's neighbor, and the comments and written statements of the applicant. Page 1 of 7 TRANSfER iNT�lt� D/'�.Oi MOrlRT1'TAX�lif��IC REf�HlOS , DEC 18 ]988 �- _ Mid�l ,. �INN. � ��`�� " VC�� 7" . . , , � Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2649 • - • • NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono, hereby denies the application for placement of fill and construction of retaining walls in the 0-75' lakeshore setback zone based upon one or more of the following findings of fact concerning this property: FINDINGS 1 . This application was reviewed as Zoning File #1391. 2 . The property is located in the LR-1C Lakeshore Residential Zoning District and contains approximately 0.30 acres in area. The LR-1C District requires 0.50 acres in area. 3. Applicant constructed a single family residence on the property in 1984, at which time grades around the residence were established. The applicant maintains that the grades established at the time the residence was constructed do not allow for ease of maintenance of the lawn in the area proposed for fill , and that placement of fill and construction of retaining walls as proposed will alleviate this problem. Applicant also maintains that the fill and retaining walls in the 0-75' lakeshore setback zone are necessary to prevent drainage from flooding the neighboring property. 4. The applicant proposes a retaining wall along the side lot line to a point as close as 40' from the shoreline, kith placement of fill as near as 30' to the shoreline. 5. The City Engineer reviewed the proposal and recommended that the retaining wall be constructed no closer than 70' from the shoreline, and that fill placement be limited to only that necessary to f i 11 behind the wa 11 and such f i 11 being placed no closer than 45' to the shoreline. 6. On May 15, 1989, the Orono Planning Commission reviewed the proposal and recommended approval subject to the conditions recommended by the City Engineer as noted above, finding that the retaining wall as originally proposed by the applicant is not strictly necessary to accomplish the Page 2 of 7 city o� oR,oNo RESOLUTION OF THE CITY COUNCIL � NO. 2649 • � • • applicant's objectives; and finding that the City Engineer's recommended modifications to the proposal provide a plan that is more consistent with past City practices regarding fill in lakeshore areas , while still providing applicant with the ability to improve his property by increasing its maintainability and usefulness. 7. At the Regular City Council Meeting on June 12 , 1989 , the City Council voted 5-0 to conceptually cieny the variances and conditional use permit in their entirety, finding the proposal not supported by the necessary hardships and as not being consistent with the City's stated policies and past practice regarding work in lakeshore zones. The Orono Council further directed City staff to draft a resolution of denial. 8. Until after the application for variances and the conditional use permit was recommended for only limited approval by the Flanning Commission, the City had received no complaints from the neighboring property owner regarding runoff and water accumulati.on problems on his property. The accumulation of runoff waters on the adjacent property owned by Charles Reid at 1400 Baldur Park Road , has not been demonstrated to place the neighboring residence in jeopardy of flooding. The adjacent property at 1400 Baldur Park Road is naturally lower in elevation than the applicant's property. Construction of the retaining wall and placement of f i 11 on applicant's property wou ld not necessari ly eliminate any runoff accumulation problem that may exist. Such a problem might be more appropriately addressed by minor additions of fill or site grading on that neighboring property. � 9. The proposed retainingwall and fill will have a visual impact from the Lake, and the propcsed location of the retaining wall abutting the lot line would not allow for appropriate screening �,�ithin applicant's property. 10. The land alterations proposed to be conducted within the lakeshore protected area (0-75' from the lakeshore) are found to be in conf lict with the fol lowing principles ana goals set forth in Orono's Commur,ity Management Plan: Page 3 of 7 Cit� of ORONO _ RESOLUTION OF THE CITY COUNCIL � NO. 2649 • - • • �;�. SHORELAND� FLOOD PLAN AND STORM WATER CONSIDERATIONS - C.M.P. 3-9 ORONO'S MANY MILES OF SHORELINE ARE ESPECIALLY SENSITIVE TO MISUSE OR OVERDEVELOPMENT. As the interface between land and water, the shoreline is ever changing . 5horelines are subject to continual erosion by wave action , ice buildup or unstable soil conditions . Droughts �ry out vegetation and heavy rains or snow melt cause land slipage . On top of these natural pressures , man is drawn to the lake and the shoreline often becomes his battleground with nature . Lake access often means active use and construction of buildings and structures causing unnatural soil loadings , vegetation removal , and land alter'ation . Exposed soil becomes more subject to erosion and man-made hardcover increases direct runoff quantity and speed. � Power boats increase wave action and , more damaging , stir up the lake bottom causing release of nutrients and increased turbidity. : . .. . .. � - The impact , of course , is a degradation of water quality, impaired lake access and a change in the natural aesthetics which drew people to the shore in the first place . Legal considerations become entangled when lot descriptions conflict or become inconsistent due to changing water levels or shoreline locations . Therefoze , planning considerations must recognize the desirability of human interaction with the lake while at . the same time providing for protection of nature ' s sensitively balanced shoreline ecology . LAND USE - C.M.P. 4-6 A PRINCIPAL GOAL OF ORONO' S PLANNING PROGRAM IS THE PROTECTION OF NATURAL itESOURCES AND ENVIRONMENTAL P.MENITIES, PARTICULARLY THE WATER QUALITY OF LRKE MINNETONKA. The Environmental Protection Plan emphasizes Orono ' s unique environmental position in relation to the long-term health of Lake Minnetonka. Land use and development will not be permitted at the expense of environmental protection . Retention of natural vegetation , light, air , and open space will be promoted . Shorelines will be protected from erosion and alteration . Wetlands and marshland will be protected and preserved as wildlife habitats , unique open spaces and most importantly as the only economically practical method of flood protection and storm water runoff filtration . GENERAL LAND USE POLICY NO. 2 - C.M.P. 4-12 2. ORONO' S LAND USE PLANS WILL BE BASED UPON ENVIRONMENTAL PROTECTION POLICIES. Land use and development must assure the conservation , protection and preservation of sensitive environmental resources in accordance with the goals and policies of the Environmental Protection Plan . Land use policies will encourage the wise use and manavement of natural resources while prohibiting their Page 4 of 7 Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2649 • - • • GENERAL LAND USE POLICY NO. 6 - C.M.P. 4-13 6. LAKE SHORELINES WILL BE PROTECTED FROM ALTERATION. Shoreland a=eas , whether bluff , beach or floodplain , are sensitive environmental features with significant impact on lake water quality, aesthetic values and land use function. These same factors act to draw development which can be destructive if not properly � regulated. Natural vegetation in shoreland areas will be preserved insofar as practical and reason- � able in order to retard surface runoff and soil I erosion , and to utilize excess nutrients . Clear- � cutting will be prohibited. In areas of soil or � wave action erosion , mat�rial stone rip rap � . � shoreline protection will be encouraged . ' GENERAL LAND USE POLICY N0. 13 - C.M.P. 4-15 � 13. FUTURE DEVELOPMENT MUST ENHANCE THE ENVIRONMENT. � I,and development should respect and enhance the unique natural features of the site and the general environmental assets of the community. Preservation of natural views , vegetation , drainage and general respect for unique site features always produces more aes�hetic zesults and lasting value for the property ' owner and the community than does wholesale alteration of the landscape• or mathematical division to the highest possible density. . URBAN LAND USE POLICY N0. 13 - C.M.P. �-19 � 13. RETENTION OF NATURAI, VEGETATION WILL LIMIT THE IMPACT OF URBANIZATION 1i AS VISIBLE FROM THE LAKE.� Building heights will � be limited to less than the typical tree height. .. ... . Minimum green belts will be provided with pro- hibitions against clearcutting or excessive thinning of vegetation . Natuzal vegetation will be preserved on slopes and retaining walls will • be discouraged except when absolutely necessary to prevent erosion , in which case they will be ' screened with natural vegetation . � ' City of ORONO RESOLUTION OF THE CITY COUNCIL � NO. 2649 • - • � 11. The granting of the required variances would result in the following violations of Section 10.08, Subdivision 3(a) of the Zoning Code with which the applicant must first comply before the requested variances can be granted: a. The granting of the requested variances would appear to serve merely as a convenience to the applicant as there have been no valid hardships demonstrated through the review of this application. b. The granting of the application is not necessary for the preservation and enjoyment of the substantial property right of the applicant. c. Granting of the variance will tena to alter the essential character of the locality. d. The property in question can be put to reasonable use under conditions allowed by the official controls. Alternative, low maintenance types of ground cover can be established that will eliminate the applicant's stated saf ety concerns. Adopted by the City Council of the City of Orono, Ninnesota, on this 26th day of June, 1989. , `_, . , . � � A'��' T s-_ �,; ' � � '� / _ �_ . '�' <, A � 'r�'��' (..��!l�,r,�,:' � . � rothy M: -�l�.:in, City Cle Jame Grabek, . or ;�- ' ��i;� , fo�egoing instrument was acknowledged before me on this 26th day' bf June, 1989 , by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. l___ � � �� \ .�� + No ary, Pub �.�� , LAU �C. SCHE ER � �-�' NCi. Y �UBU(-MINNESOiA HENNePIN COUNTY � fA corr.mis:ion expires6•8-93 My Commissi Page 6 of 7 �. . .. _ . � . . . ' . Cit� of ORONO RESOLUTION OF THE CITY COUNCIL � N0. 2649 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 �xecuted the foregci;:g 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 foregoinginstrument, and acknowledged that he ( they ) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 7 of 7 � � • � RE50LUTION #2649 STATE OF MINNESOTA ) - ) . COUNTY OF HENNEPIN ) ) . CITY OF ORONO ) � 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 meeting of said City Council held � on June 26 , 1489 , and that the same is a true aad correct copy af said resolution xas duly adopted by said City Council at said meetiing. � � In Witness Whereof� I have hereunto set my hand and seal this 6th . day of De ember , 19g�_. ,;,;,; ws �K � �,��a��;,. .. ��, }��:'� ��j�a�`�� D rothy . allin, City Clerk � �� ;NN � � •s,y �� ..�•A�l��'�� /�I1�L�: • !S i � ��'�� , �v n hy �"�"�t'��.1�' ��``a.e; ��,�, • i I � . ,�,t"��. �` "4 �D .'� , ! �j�R��a �-, �C.�ti y ''�P�vf�1 t'SJ`�I y-: �.�, � r�'Taq+i*;��;�`� f��'. �G �g�`� A,_�t��, .• Q� i ,�7 A,.��a a ,,t' �,i p,�.^�� , : _ . — .. _. . .�. .. ��f��F{'{�� ,p�{; . �.�. _. . _. . . . . . . ) `, ; � "M,�t��n!��'��..4..r,,i ' � 't�•,: . .... n Jn{� . �`y,��`'.. . .. 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