HomeMy WebLinkAboutResolution 2805 {� . ��>
� :,: Ci.t o� ORONO
�
• (!�� '';' RESOLUTION OF THE CITY COUNCIL
� NO. 2805
• - • •
A RSSOLIITION GRANTING .
AND AFTSR-THE-FACT
CONDITIONAL IIS$ PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 19 AND
AFT$R-THE-FACT
VARIANCES TO
SECTION 10.22, SDBDIVISIONS 1 & 2
FILE #1467
WHEREAS, Charles W. Hommeyer (hereinafter "the
applicant" ) is the owner of the property located at 4125 Oak
Street within the City of Orono (hereinafter "City") and legally
described as Lots 3 and 4 , Block 5, Minnetonka Summit Park, �
Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has made application to the City
of Orono for an after-the-fact conditional use permi,t to permit a
retaining wa11, 33" high and 30' long located 15' from the
lakeshore where no such structure nor land alteration is
• permitted per Section 10.0_3, subdivision 19 and Section 10.22,
Subdivision 1, and after-the-fact variances to Section 10.22,
Subdivisions 1 and 2 to permit a deck and access stair structure
within 75' of the lake where none is allowed, and hardcover
equaling 287.35 square feet or 3.68� (stairs = 201.5 s.f. or
2.58�; deck and retaining wa11 = 85.8 s.f. or 1.lOg ).
NOW, THERLFORE, B]3 IT RESOLV$D by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning Fi1e #1467 �
2. The property is located in the LR-1B Single Family
� Lakeshore Residential Zoning District requiring 1 acre in
area. The property consists of 24,330 square feet or .55
acres in area.
3. The Orono Planning Commission reviewed this application
' on January 16, 1990 and recommended approval of the after-
the-fact conditional use permit and variances based upon the
following findings:
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`:: �7�11 r G'� - _
� . RESOLUTION OF THE CITY COUNCIL
_� ' _
_ NO. 2805 - _
' • ' � • ` � -
� - �' A) The 33" high, 30' long retaining wa11 located to
the immediate land side of the sand blanket located
within the lakeshore protected area appears a
satisfactory method to deter future erosion of the
lower lakeside bank.
B) The access stairs at less than 3' in width meets
the informal standards of the City for lake access
stairs for lakeshore lots with steep banks.
C) The 13.5 'x5.42 ' lakeshore deck is conditionally
acceptable as removal will create more of an impact on
the steep lakeshore bank. At the time structural
repairs are required, the deck wi11 be removed.
4. The City 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 al leviate
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.
5. The City Council finds that granting a conditional use
. permit to allow the retaining wall to remain within the
lakeshore yard 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 wi11 it depreciate surrounding
property values and that the proposed 1eve1 of use of the
property wi11 be in keeping with the intent and objectives
of the Zoning Code and Comprehensive •P1an of the City.
CONCLUSIONS, ORDffit AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants after-the-fact variances to Municipal
Zoning Code g'ections 10.22, Subdivisions 1 and 2 and an after-
the-fact conditional use permit per Section 10.03, Subdivision 19
to a1 1ow the above referenced structures to remain without
modification subject to the following conditions:
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� , Clt o� ORONO
�
• Q�7 RESOLUTION OF THE CITY COUNCIL
� � NO. 2805
• - • •
1. Applicant shall obtain an after-the-fact building permit
for the non-conforming lakeshore deck, access stairs and
retaining wa11s.
2. Applicant sha11 obtain a building permit for any future
repair of the non-conforming lakeshore deck. Applicant is
further advised that any repairs to the structural members
of this deck shall not be permitted and at such time, the
structure shall be removed. Structural repair wi11 involve
the following components of the deck: posts, beams, joists
and footings. The City sha11 require the applicant to
submit plans for the demolition of the deck to assure
minimal impact from potentional erosion of steep lakeshore
bank.
3. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by application for an after-the-fact
bui lding permit within ten days of the date of Counci 1
approval, or the special conditions of this resolution will �
• expire on that date (June 8, 1990 ).
4. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation
of the zoning code, sha11 automatically terminate any
authority granted herein, and shall be punishable as a
misdemeanor.
5. 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. �
Adopted by the Orono City Council on this 29th day of May,
1990.
ATT T:
.
thy M 11in, City Cler`k Jame R. Grabe , �or
d/�
• Property Owner( )
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a � •
_ _ C�t� o� ORONO
• C�7 , RESOLUTION OF THE CITY COUNCIL
� NO. 2805
. • - • •
STATE OF MINNESOTA ) -
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 29th day of May, 1990, by James R. Grabek & Dorothy M.
Hal lin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
THERE3A L. NAAB
I�OTARY PUBUO�MINNESOTA
HENNEPIN COUNTY -/'V(,C(�
1�Cort�mtasion expirw 9-8-92
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) -
,
On this �Q � day of / � /a-� , 199 0
• before me a Notary Public within and for sa�..Q� county, personal�
a ppe a r e d ��,r/-e�S /,c�. rn ne�a-e✓. ,�j u 5 h o�-,e'
known to me to be the person(s) de ri ed in and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
THERESA L. NAAB
; ►10TARY PUBUC� MINNESOTA
IAy�E,rommiEasPt���N9'8'� , /���`^`�
NOTARY PUBLIC �
STATE OF MINNESOTA ) •
)ss.
COUNTY OF HENNEPIN )
On this �f day of ��.c�n� , 199v, before me a
Notar Public within and for said County, personally appeared
,� known to
me to be the p son ( s ) escribed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�`G2� �
� THER�A L. NMB NOTARY PUBLIC
NOTARY PUBI.lO•MINNESOTA
- HENNEPIN COUNTY
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