HomeMy WebLinkAboutResolution 2707 f Z . ,a , .
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� RESOLUTION OF THE CITY COUNCIL
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A R$SOLIITION GRANTING
VARIANC}3S TO
' MONICIPAL ZONING COD$
SECTION 10.22, SDBDIVISIONS 1 & 2 AND
" S$CTION 10.55, SDBDIVISION 8, AND
GRANTING A CONDITIONAL IIS$ PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE #1446
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� �..� � WHSR$AS, ' Jack Yost (hereinafter "the app3.icant") is the
owner of the property located at 1515 Green Trees Road within the . .
� City of ,Orono (hereinafter "City") and legally described as Lot ..
3, Block l, Green Trees on Tanager Lake, Hennepin County,
Minnesota (hereinafter "the property"); and � - � .
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� . �• ,,. WHER$AS,� the applicant. has made app].ication to the' City `. � . � �.
of Orono per Sectiori 10:22,' Subdivisions 1�; and 2 and Section_ : _ �
10.55,. ��Subdivision 8 and : Section i0.03, Subdivision 19 to permit .
certain : grading and fil].ing activities and the � installation of ,
retaining walls within the 0-75' lakeshore setback area where no
• such activities or structures are allowed resulting in 1,361
square feet or 4$ of hardcover where 800 square feet or 2.4�
exists today. . _ '. . . : -
• NOW, TH$REFORL, BE IT. RESOLV$D by the City Counci I of �
Orono, Minnesota:
- � FINDINGS . .
1. This application was reviewed as Zoning File #1446.
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District requiring 2 acres in
area.
3. The property is approximately 2+ acres �in area.
4. The Orono Planning Commission reviewed this application
on September 6, 1989 and recommended approva3 of the
proposed variances and conditiona3. use permit as proposed,
based on the following findings:
A) The existing retaining walls within the ].akeshore
yard are in a serious state of deterioration and
present a hazard to persons who use the yard area. �
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�:��1: Clt� o� ORONO . �
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RESOLUTION OF THE CITY COUNCIL
,:t;. � � NO. 2707
� � � � The serious erosion of the lakeshore yard results
from improper drainage and the back-to-back 100 year
storms of July 1987.
C) The treatment of surf ace run-of f wi 11 be f ar �
superior to the existing quality and level of
treatment.
D ) Much of the existing heavy vegetation that
surrounds the lakeshore banks will provide the
necessary screening for the retaining walls that will
� be exposed to the lakeside.
5. The City Counci 1 f inds that the conditions exi sting 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 f�ire 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.
6. The City Council finds that granting a conditional use
permit to allow land alterations and the installation of
retaining walls within the lakeshore yard of the property
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 danger to neighboring
properties, 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.
CONCLDSIONS, 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 , Subdivisions 1 and 2 and Section 10.55 ,
Subdivision 8, and grants a conditional use permit per Section
10.03, Subdivision 19, to allow certain land alterations and the
instal lation of retaining walls within the 0-75' setback area of
the property and additional land alterations in excess of 100
cubic yards within the side yards of the property located wi.thin
the 75-250' setback area, subject to the following conditions:
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'��.� d ' � Clt o� ORONO ,
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RESOLUTION OF THE CITY COUNCIL
rL:. � , ...� NO. 2707
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. retaining wall shall be built prior to any
an scaping work within the wall, so that wall can act as
protective zone from erosion or damage to the exterior banks
along the lake. �
2. Material banked against the outside of the wall should be
of a cohesive nature and stabilization fabric should be used
within the backfill to prevent erosion. Silt fence will be
required at the base of the filled areas where slope is
steeper than 4:1.
3. Wall sections cannot exceed the 956' elevation nor shall
6 ' of vertical wall be exposed.
4. Applicant's contractor/consultant is to arrange for a
pre-construction meeting with the Orono staff so that an
appropriate schedule of inspections can be arranged during
the installation of the retaining wall and drainage system.
5. Upon application of a building permit for the retaining
walls, applicant's consultant must submit detailed plan on
• planters ancl the wall tied back system.
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 for
the retaining walls within one year of the date of Council
approval, or the special conditions of this resolution will
expire on that date (September 25, 1990).
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 automatically 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 resolution in the chain of title of
the property.
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�� � - C�t� o� ORONO ,
• � RESOLUTION OF THE CITYCOUNCIL � "
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� , NO. 2707
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Adopted by the Orono City Council on, this 25th day of
September, 1989.
AT ST:
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Dorothy . Hallin, City Clerk Edward J Call an, Jr. , Act ' g Mayor
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Pr erty (s)
STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN )
. The foregoing instrument was acknowledged before me on
• this 25th day of September, 1989, by Edward J. 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.
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No ry Pu ic ��s�:�, �,q � (, SCHEFFLER
��.��
, �c� NO Rl PUBLIC—MINNESO7A
{,� 'q�;��� HENNEPIN COUNiY
. �rir;; � My commission expires6•8•93
My Commission Expires
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�. `� Clt� o� ORONO .
� Qj�', . RESOLUTION OF THE CITY COUNCIL
� , NO. 2707 .
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On this ��`� day of ���-�g � , lggy
before me a Notary Publi within and or said county, personal ly
appeared Gc.-c.c� � known to me to be
the person(�)f described • ' n and who executed the foregoing
instrument, a d acknowledged that he (they) executed the same as
his (their) free act and deed.
?L-¢.��.C�4..��
� CAAOL LYNN HAERTEL NOTARY PUBLI
' I�AAY PUBLIC-MINNESATA
HENNEPIN CUUNTY
My Commisaion E�lres 1-31-94 -
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) , -
On this �� day of �SL��--eh� , 1989, before me
a No ry PubYi"c�within and for said County, personally appeared
� `y. known to me to be the
person(-�) describe " in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLI
CAROL LYNN HAERTEL '
.t! NORAHY PUBI.IC-MINNES(7TA �
HENNEPIN CAtiNTY
• My Commiaalon E�ires 1�31-94 /�/ 9�
MY COMMISSION EXPIRES
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