HomeMy WebLinkAbout#1713-CUP-1984 t
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: '�� `=c�? s` GRANTING A CONDITIONAL USE PERMIT PER
;;_x�' �`�`�* MUNICIPAI� ZONING CODE SECTION 10.03
SUBDIVISION 19 AND APPROVING A VARIANCE TO
ZONING CODE SECTION 10. 55 SUBDIVISION 8
AND SECTION 10. 22 SUBDIVISION 2
FILE NO. 854
WHEREAS, G. Robert Johnson (hereafter "the applicant")
is owner of the property located at erness Point Ro�d,
within the City of Orono (hereafter "City") and legal y d�-escribed
as follows :
Lot 4 , Fagerness, and the accretions thereto lying
between the extension Southeasterly to the shore of
Lake Minnetonka of the Northeasterly and Southeasterly
lines of Lot 4, according to the record�d plat thereof.
( Hereaf ter "property")
and,
WHEREAS, the applicant has made an after-the-fact
application to the City to permit the construction of stairs ,
retaining walls, and planters within 75' of Lake P�Iinnetonka, and
to permit the placement of hardcover in excess of the allowed
hardcover in the 0-75 foot and 75-250 foot lakeshore setback
zones, requesting a Conditional Use Permit per Municipal Zoning
Code Section 10.03 Subdivision 19 and variances to Section 10.55
Subdivision 8 and Secti_on 10.22 Subdivision 2.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota :
FINDINGS
l . This application was reviewed a: Zoning File No. 854 .
2 . The property is located in the LR-1C Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application
at their August 20, 1984 and October 22 , 1984 meetings , and
recommended denial of a Conditional Use Permit based on the
following findings :
a ) Work was done without the required permits.
b) Hardcover on the property is excessive and the
increases in hardcover would have required a variance.
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RESOLUTION OF THE CITY COUNCIL
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The Planning Commission further recommended the removal of
all hardcover in excess of that allowed by code, which has
been installed by the current owner since 1981.
4. City staff has investigated the removal of 6" diameter
or larger trees within 75 ' of the lakeshore on this
property, and based on information provided by the current
owner, previous owner, and applicant's tree service, finds
that no solid evidence exists to indicate any live trees 6"
in diameter or larger were removed.
5. A dock and a concrete stairway did exist previously in
the approximate locations of the newly constructed stairs,
planters, walls, and dock. The applicant has a substantial
right to create a safe lake access on the west side of the
property.
6. City Staff has observed the lakeshore stairs, planters,
and walls, and has reviewed the information on the stability
of the structure provided by the applicant's engineer, and
concludes from the evidence presented and apparent, that the
structure appears sufficiently stable .
7. Design of the planter structure is such that the net
run-off is not significantly changed from that of the
original stairs and slope.
8. To remove this structure and restore the grade to its
original slope would likely cause erosion detrimental to the
lake .
9. The rock beds with polyethylene sheet underlayment
are considered to be hardcover. If the polyethylene sheet
underlayment is perforated with 10 to 15 1/4" diameter holes
per square foot, it will not be considered as hardcover.
10 . The hardcover originally existing on this property prior
to recent construction of the walls , steps , and rock beds ,
was as follows :
0-75 ' West Lakeshore. . . . . . . 2�
75-250 ' Central Area. . . . . . . 35g
0-75 ' East Lakeshore. . . . . . . 27�
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11. The stairway, planters , and retaining walls located
adjacent to the south side of the house extend
approximately 10 feet into the City right-of-way.
12. The City Council finds that the conditions existing on
thisproperty are peculiar to it and do not apply generally
to the property in this zoning district : the granting of
the variance would not adversely affect traffic conditions,
light , air nor pose a fire hazard or other danger to
neighborin� property ; would not merely serve as a
convenience to the owner, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the owner ; and
would be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
13. The City Council finds that granting a Conditional Use
Permit to the applicant for the continuation of the
nonconforming structure and hardcover would not be
detrimental to the health, safety or general welfare of the
public, nor will it depreciate surrounding property values
and the level of use of the property limited by the
pertinent sections for nonconforming structures within the
Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER, AND CONDITIONS
Based upon the above findings , the Orono City Council
hereby grants a Conditional Use Permit per Zoning Code Section
10.03 Subdivision 19 and granting variances to Section 10.55
Subdivision 8 and Section 10.22 Subdivision 2 to G. Robert
Johnson to permit the construction of planters , stairs and
retaining walls within 75 feet of Lake Minnetonka and to approve
3$ hardcover ( 250 square feet) in the 0-75 ' Lakeshore setback
Zone (west side ) where 0 o is allowed, to approve 37s hardcover
( 5500 square feet ) in the 75-250 ' Lakeshore Setback Zone where
only 25% is allowed, and approve 14$ hardcover (1500 square feet)
in the 0-75 ' Lakeshore Setback Zone (east side ) where 0% is
allowed, subject to the following conditions :
1. All plastic-covered rock beds on the property must be
perforated at a density of 10-15 1/4" holes per square foot,
to be verified by City staff upon completion.
2. Applicant must obtain an after-the-fact construction
permit for all existing retaining wall/planter/stairway
structures which were recently installed .
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$`° RESOLUTION OF THE CITY COUNCIL
NO. 1713
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3. The undersigned shall indemnify and hold harmless the
City, the City Council , and the agents and employees of the
City from and against all claims , damages , losses or
expenses , including attorney fees , which the City, City
Council and agents and employees of the City may suffer or
for which it may be held liable , arising out of or resulting
from the assertion against them of any claims , debts or
obligations in consequence of his performance of the
following improvements:
Construction of stairway and timber retainir.g wall
structures encroaching on or located within the right-
of-way of Fagerness Point Road .
4. Tr�e retaining wall/planter/stairway structures shall be
brought into compliance with pertinent sections of the
building code.
5 . Applicant is placed on notice that this property
contains excessive amounts of hardcover over that allowed as
noted above, and that any future improvements to this
property involving an increase in hardcover must be matched
with the removal of existing hardcover.
6. Authorities granted by these variances run with the
property not with the owner , but are permissive only and
must be exercised by application for an after-the-fact
construction permit within one year of the date of Counci 1
approval , or this variance will expire on that date
(December 10 , 1985 ) .
7. Violation of or noncompliance 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 owner 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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RESOLUTION OF THE CITY COUNCIL
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NO. 1713
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Adopted by the Orono City Counci 1 on this lOth day of
December, 1984 .
ATTEST:
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j Dorothy M allin, City Clerk Mary C. u ler, Mayor
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(1 ) Property ' er
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STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this 28th day of December , 1984
before me a Notary Public within and for said county, personally
appeared G. Robert Johnson and Carol A. Johnson 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.
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss .
COUNTY OF HENNEPIN )
On this day of , 1984, 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 ackncwledged that he ( they ) executed the same as his
(their ) free act and deed .
NOTARY PUBLIC
MY COMMISSION EXPIRES
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