HomeMy WebLinkAboutResolution 2821 ,,
����� C�t� o� ORONO
� '� ' � . RESOLUTION OF THE CITY COUNCII
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:� ' � '' NO. 2821
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A RESOI�DTION GRANTING
VA,RIANCES TO
�. MUNICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 1 AND
GRANTING A CONDITIONAL IIS$ PERLKIT PER
S$CTION 10.03, SQBDIVISION 19
FIL$S #1549 � #1550
WHEREAS, Rodney A. Crawford (hereinafter "the applicant")
is the owner of the property located at 4705 North Shore Drive within
the City of Orono (hereinafter "City") and legally described as
follows:
Lot 1 , Block l , Tristana Cove , Hennepin County,
Minnesota (hereinafter "property"); and
WHEREAS, the applicant has made application to the City of
Orono for variances to Municipal Zoning Code Section 10. 22 ,
Subdivision 1 to permit the screened enclosure of a patio area beneath
a second story deck, portions of which are located within the 0-75'
• lakeshore protected area where no such structure is allowed and
approval of a variance to the average lakeshore setback as the entire
proposed structure is located in front of the average lakeshore
setback area. In addition, applicant seeks approval of a conditional
use permit per Section 10.03, Subdivision 19, that would allow filling
and grading within the street yard to create a looped driveway
� requiring installation of retaining walls and access stairs resulting
in an overall reduction of 3.9� hardcover at 4,444.5 s.f. or 24.8�
where 5,132 s.f. had existed.
NOW, TH$R$FORE, B$ IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning Files #1549 and
#1550.
2. The property is located in the LR-1B zoning district
requiring 1 acre in area. The property consists of 24,177 s.f.
or .55 acres in area.
3. The Orono Planning Commission reviewed this application on
June 18, 199�0, and recommended approval of the variances as
proposed based on the following findings:
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� � :�- RESOLUTION OF THE CITY COUNGL
��`H�''. NO. 2821
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a. The house was placed on the property in 1968 prior to
the current regulations for the development of lakeshore
properties. `
� b. The original permit for house covered the lakeshore
deck.
c. There is no visual impact created by the screened
enclosure of the patio area because of the existing
topography and mature trees that surround residence.
. d. Applicant is reducing hardcover within the 0-75' and
75-250 ' setback areas. �
4. The Orono Planning Commission recommended approval of the
conditional use permit based on the following findings:
, a. _ The installation of the loop drive will provide a safe
access to the County road.
• b. Steep topographies within the street yard require. land
alterations/modifications to existing topography in order to
provide safe and easy access.
c. Proposed f i 1 ling pro ject wi 11 have no impact on the
existing drainage nor on the adjacent properties .
5. The City Council finds that the conditions existing 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 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 a substantial property right of the appli-
cant; 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 conditiorial use permit
to allow grading and filling activities to install a loop
driveway on 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
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• � �i'l RESOLUTION OF THE CITY COUNCIL :�
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• - • • NO. 2821 ;
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property values and that the proposed level of use bf the �
property will be in keeping with the intent and objectives of the -
Zoning Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Section
10.22, Subdivision 1 to allow the screened enclosure of a patio .
beneath a second story deck and grants a conditional use permit per :
Section 10.03, Subdivision 19 to allow grading and filling activities
involving 460+ cubic yards of fill to install a loop drive within the
street yard of the property subject to the following conditions:
1. All hardcover scheduled for removal shall be completed prior �
to City's issuance of building permit for new construction. Such :
removal is to be confirmed upon building inspector's initial
inspection to site. Hardcover removals within setback areas are
as follows trefer to page � of this resolution) : .
• 0-75 ' setback area = 23 s.f. of plastic underliner
177 .5 s.f. stone retaining wall
75-250 ' setback area = 42.5 s.f. stone retaining wall
72 s.f f lagstone walk
458.4 s.f. landscape areas underlain
with plastic sheeting
2. 36" fencing will be required wherever there is 30" or
greater distance from the top of retaining wall to existing
� � grade.
3. A separate building permit will be required for all
retaining walls constructed on the site. Applicant or
applicant's representative is advised to consult with the
� Building Department to determine what type of information wil 1 be
reguired with filing of permit.
4. A separate land alteration permit will be requirecl for the
proposed filling and grading on the site. During the entire land
alteration appropriate erosion control will be required and at no
time shall applicant or applicant's representatives restrict
natural drainage f low.
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� Ci.t o� ORONO
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• •� RESOLUTION OF THE CITY COUNGL
� NO. 2821
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5. Prior to the City issuing a land alteration or building
permit for the construction of retaining walls, a Hennepin County
permit must be submitted to the City showing approval of the
proposed grading changes and retaining wa 11 s within the �County
right-of=way.
6. Authorities granted by this resolution run with the property
not with the owner, but are permissive only and must be exercised
by application for a building permit within one year of the date
of Council approval, or the special conditions of this resolution
wil l expire on that date (June 25, 1991).
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,
i 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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� clt o� oR,oNo
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• � RESOLUTION OF THE CITY COUNCI L
� NO. 2821
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Adopted by the Orono City Council on this 25th day of
June, 1990.
AT T:
�_." � . -
othy llin, City Clerk Jam s R. Grabel�;l�iayor
Propert wner (s ) �
STATE OF MINNESOTA ) ,
) ss.
� COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this
25th day June, 199.0, 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.
. NAAB - /l./�
THEREBA L M�NNESOTA
� IiOTARY PUBUC- Notary Public
HENNEPIN COaS�2
� NAy comm�sslon exPi
-���a
My Commission Expires
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� C�t o� ORONO
�
• Q� RESOLUTION OF THE CITY COUNCIL
� NO. 2821
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STATE OF MINNESOTA )
" ) ss. •
COUNTY OF HENNEPIN )
On this o� �o`�' day of � .c.v�2 . 199�
before me a Notary Public within and for said county, ersonal.�y
appeared 19 • � n �• �O� �
known to me to the person(s) descri ed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
l�.C.c�/�- �
THERESA L. NAAB NOTARY PUBLIC
� NOTARY PUBUO- MINNESOTA
HENNEPIN COUNTY �
Nbr commlaslon expirw g.g.gp
� �'-�� 9a
MY COMMISSION EXPIRES •
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 199 , bef ore me a
Notary Publ.ic within and for said County, personal.ly appeared
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
MY COMMISSION EXPIRES
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