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Home My WebLink AboutREsolution 2704 .,,�. , • . - ,! yi ., : � f . _� o C�t� o� ORONO . � • Qi �`J RESOLUTION OF THE CITY COUNCIL � � NO. 2704 • ' • • A RESOLIITION GRANTING AN AFT$R-THE-FACT VARIANC$ TO MUNICIPAL ZONING CODE SECTION. 10.22, SDBDIVISIONS 1 & 2 AND S$CTION 10.55, SIIBDIVISION 8 AND A CONDITIONAL DSE PERMIT Pffit S$CTION 10.03, SIIBDIVISION 19 FILE #1439 WH$REAS , Lawrence Langhans (hereinafter "the app 1 i cant") i s the owner of the property 1 ocated at 13 6 6 Rest Point Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block l, Rest Point, Hennepin County, Minnesota (hereinafter "the property"); and WH$REAS, the ,applicant has made application to the City of Orono for � after-the-fact approval of variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2, and Section 10.55, Subdivision 8, and a conditional use permit per Section � 10.03, Subdivision 19, for the construction of retaining walls in the 0-75' lakeshore setback zone where no structure or hardcover is normal ly allowed, and further for the construction of a deck located 10' from the lakeshore where no such structure is normally allowed. NOW, TH$REFORE, B$ IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1439. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Pl.anning Commission reviewed this application on August 21, 1989, and recommended on a vote of 5-0, partial approval of the proposed after-the-fact variance and conditional use permit, making the following findings and recommendations: �_. Page 1 of 6 ___.- �� , �� j • �� ' . , _,___ �--�` _-_� , . , R . } � ,. o ' Clt� o� ORONO . �� • (�`jj RESOLUTION OF THE CITY COUNCIL � NO. 2704 • � • • A) The Planning Commission recommended denial of the after-the-fact variance for the deck construction, finding no hardship clemonstrated to justify granting of the necessary hardcover and setback variances. B) The Planning Commission recommended approval of the existing and proposed retaining wall construction, finding that the proposed walls are necessary for protection of the stability of the lakeshore bank while being minor in scope so• as to have an insignificant impact as viewed from the lake. In conjunction with the retaining walls, Planning Commission recommends approval of leaving the pre-existing concrete ' foundation walls in place but that the wall be capped with a fence or suitable safety barrier. 4. The City Council finds that after-the-fact approval of the proposed deck is justified on the basis that this is a decrease in the intensity of the use as compared to the previously existing boat house structure. This decrease in • intensity of use would be generally consistent with policies stated in the City of Orono Comprehensive Management Plan. 5. The special conditions applying to this structure are unique to this property, in that the remaining boat house foundation wall provides a � measure of stability to the lakeshore bank. At the same time, that foundation wall is adjacent to the lakeshore and the adjacent steep topography makes it impossible to adequately place fill against the wall to provide for a more suitable blending of contours. 6. The remaining foundation wall creates a steep drop of approximately 10` which would require a railing if the deck was not in place. The deck provides such a railing for saf ety purposes. 7. The applicant claims he was unaware of the need for permits to remove the pre-existing boat house that was damaged in the 1987 "Super Storm". Applicant also claims that he did not know that repairing retaining walls or construction of a deck above the remaining boat house foundation required City approval. 8. The City Council finds that removal of the pre-existing boat house and replacement with a deck of identical • footprint is justified by the decrease in visual impact from the lake, and further finds that there is no increase in hardcover in the 0-75' zone over what was previously existing. Page 2 of 6 •� i , ' Clt� a�� ORONO . �' • Qj�`j RESOLUTION OF THE CITY COUNCIL � NO. 2704 • '�� • e City Council finds that regarding the retaining s, 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 to allow construction of retaining walls 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 the stability of the lakeshore bank; 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. 10. The City Council finds that granting a conditional use permit to allow the construction of the proposed retaining walls will 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 danager to neighboring properties, would not merely serve as a • convenience to the appli�ant but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve the stability of the lakeshore bank; 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. 11. At the regular City Council meeting of September 11, 1989, the City Council voted 5-0 to grant af ter-the-fact variance and conditional use permit approval for the . proposed walls and deck directing City staff to draft a resolution to that effect. CONCLUSIONS, ORDSR AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.55, Subdivision 8 and a conditional use permit per Section 10.03, Subdivision 19 for after-the-fact approval of retaining wall construction in the 0-75' lakeshore setback zone, and further grants after-the-fact approval for similar variances and conditional use permit for construction of a deck located 10' from the lakeshore where no such structure is normally al lowed, subject to the following conditions: • � Page 3 of 6 iGii'�:Ga'.C?i!•?�'?�vS+rJ�R+0�4F�.39f�i=3+if .•-�.- . .+ '_�,.r:...'. �}%�,e+... -.1'..1"At .' 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".�: ,_:. .^'-- . ... ...,i . .. .. . .� . .. _ ._ C�t� o� ORONO _ . ... • � � RESOLUTION OF THE CITY COUNCIL � NO. 2704 - • = • licant shall be allowed to complete the retaining -1�s as shown on the attached survey (Exhibit A) . Applicant shall provide the City staff with a planting schedule to indicate how those wood retaining walls will be screened by vegetation. 2. The City Engineer shall review the structural stability of the remaining concrete foundation wall. 3. Applicant shall screen the concrete foundation wall and pier footings facing the lake with vegetation or by painting the wall to blend in with the surroundings. 4. Hardcover in the 0-75' zone shall consist solely of the following items: 12 'x18 ' deck 216 s.f. Wood stairs 112 s.f. Upper landing 30 s.f. Lower platf orm 16 s.f. Rock retaining walls 7 s.f. � Wood retaining walls 45 s.f. Total 426 s.f. or 5.5� (area of 0-75 ' zone = 7,800 s.f. ) The applicant is advised that no future additional hardcover will be allowed in the 0-75' zone. 5. The applicant is advised that future enclosure of the open deck area or the space below it, will not be allowed. 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 f or the retaining wa 11 s and deck with,in one year of the date of Council approval, or this variance will expire on that date (September 25, 1990). - 7. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of , � the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 4 of 6 • Y8'Y:�.�..Y+'�?a6l�Y_:c�a�'t!M.1'-i::::.YFI�\'NTt.x.'�-r�. iar't .�...a,Y. f�rx s.f';�YL'..�. 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RESOLUTION OF THE CITY COUNCIL � NO. 2704 • • e undersigned applicant has read, understood and he-r •y agrees to the terms of this resolution and on behalf of himself, his heirs,. successors and assigns, hereby agrees to the recording of this resolution in the chain of titZe of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 25th day of September, 1989. ATT ST: � �/..- . �� othy . Hallin, City Clerk Edward J. Ca.��ahan, Jr. , A •"� ing Mayor % P operty Owner(s) STATE OF MINNESOTA ) . ) ss. , COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 25th day of September, 1989, by Edward ,T. Callahan, Jr. & Dorothy M. Hallin, Acting Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. No ry Public ��'�.''.^'�; LA R K, SCHEFFLER �� ,�` NOTAR� VUBLIC—MINNFSOTA � . My Commission XPire�dy commissjon expirme6•8• r Page 5 of 6 � �:�... . � - . , .< - . . � Clt� o� ORONO , � RESOLUTION OF THE CITY COUNCIL � - � NO. 2704 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ��`� day of c� , 198� before me a Notary Public within and or said county, personaYly appeared �Q,1,��''Q.YI�p �,�, n�(�Y�S 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 THERL3A L. NAAB � 1ipTARY PUBUC�MINNESOTA �b�No��N�'8'� 9-�-9a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ag"�" day of ��,ip , 198q, before me a N tary Public within and for s id County, personally appeared � ��Q /,Z�,S___ known to me to be the person(s) descril3ed in and who executed the foregoing instrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. N T RY PUBLIC • THERE8A-<I..:NAAB NOTARY PUBLiO;-MINNE30TA • �HEN�N�E�PI�N�CO�NaTB-Y92 �-��9a MY COMMISSION EXPIRES Page 6 of 6