The URL can be used to link to this page

Home My WebLink About#3071-variance-1992 � • � . �,=—� �� ; �� '�� ':�� ; ��r� ,,_ C ITY of ORONO , � ,�a �� , \ ,', � �, �. _�; - �, ;; ` ' �' RESOLUTION OF THE CITY COUNCIL �� ,� , ,. ,�.� � t�� Gti,�, \\�`q ' 4��-% NO. 3071 ��kESH.�,-: �,_,:. A RESOLIITION GRANTING A VARIANCE TO MIINICIPAL ZONING CODE SECTION 10.55, SIIBDIVISION 8, AND GRANTING A CONDITIONAL IISE PERMIT PER SECTION 10.03, SIIBDIVISION 19 FILE #1704 WHEREAS , C . Arnold Carlson and Darlow Madge (hereinafter "the applicants" ) are the owners of the properties located at 855 amd 875 Forest Arms Lane within the City of Orono (hereinafter "City") and legally described as follows: Lots 5 and 6 , Block 2 , Forest Arms , Hennepin County, Minnesota (hereinafter "the property") ; and WHEREAS, the applicants have made application to the City of Orono seeking approval of a conditional use permit per Section 10.03, Subdivision 19 for I.and alterations in excess of 100 cubic yards located within a 20 ' drainage easement and a variance per Section 10.55, Subdivision 8 as these improvements involve land alterations within the lakeshore protected area where no such improvements are allowed. NOW, THEREFORE, BE ZT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1704. 2 . The property is located in the LR-1B Lakeshore Residential Zoning District. 3 . The Orono Planning Commission reviewed this application on January 21, 1992 and recommended approval of the proposed land alteration granting a conditional. use permit and variance as noted above, based on the following findings: A. There were no improvements nor plans to alter the drainage channel at the time the drainage easement was created with the approval of the Forest Arms plat in 1970 . Page 1 of �6 -� . , ,="�� '��.A �� ''�,�''�� CITY of ORONO , � ,� '�,I'�,,�1 ,�';, t�`� - �.. ,'i � " ; �i"� ,� � i �� ',�� r„��. G'�j� RESOLUTION OF THE CITY COUNCIL \9kESH0�� N O. 3 0 71 ��- B. The current drainageway cannot handle large rainfalls causing flooding in the lakeshore yards. C. The drainage ditch bank as it exists today sustains serious erosion. 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 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. 5 . The City Council finds that granting a conditional. use permit to allow land alterations within a public drainageway and the lakeshore protected area wi1Z 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. 6 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety and welfare of the community. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above f indings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8, and grants a conditional use permit per Section 10.03, Subdivision 19, to permit the alteration of a public drainageway, subject to the following conditions: , Page 2 of �6 � . -�� %�/ O� � ;�; � � ��, '' � �� ,, �� CITY of ORONO �,, , �t� � � �, � �� ,,. i f ...1l. 1.� �% �i, �� '� '� �' r, ��„ p'�'!' RESOLUTION OF THE CITY COUNCIL `� ,�.-t�, ,. .;,,- � k�SHpg'j N 0. 3 0 71 l . Applicants shall obtain a permit from the Minnehaha Creek Watershed District before the City can issue a grading permit for the proposed land alteration. 2 . The City Engineer, Glenn Cook, in his report dated January 14 , 1992 asks for the following additions or amendments to the proposed plan: A. Narrow drainageway shall be constructed with Class 2 riprap (MnDot 3601) and filter fabric. B. Work shall be completed in accordance with MnDot's specification 2511. Ce Riprap shall not be grouted because of potential for movement and increase in hardcover within the I.akeshore protected areae D. Siit fence will be required between the lakeshore and construction area until vegetation is reestablished. 3 . Written confirmation from appropriate utility company/agent approving the proposed land alteration. 4 . Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a grading permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (February 10, 1993). 5. 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 sha 1 1 be punishable as a misdemeanor. 6 . The undersigned applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns , hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of �� 6 _ . : _ _ : , . . : > ; �, �-� � '\ ��l :��' ' v \\` �//O O� '\''� ; '' CITY o� ORONO �1 � �97, ��G� ��jl � f i �..�., �// ��'� ?�, ��;��,,, �ti'�' RESOLUTION OF THE CITY COUNCI L �`q .,�, � .�.4�� NO. 3 0 71 ��ES� Adopted by the Orono City Council on this lOth day of February, 1992 . . AT ST: � r--- • ��.� � � • or,othy M. allin, City Clerk Barbara A. Peterson, Mayor � , //// / ✓/1,/// C 1\ (/� /) li" �/ � � �l."4�i/ � \ `-� / J Property Owner(s ) j i STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this lOth day of February, 1992 by Barbara A. Peterson & 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. � CAROIE A HASEMAN �'j� �'� 'f� "�'��»r`��"� ppT�qy p�lC��AMNESOTA N o t a r y P u b 1 i c HENNEPIN COUNTY MY CAN►IISSION EXPIRES 8ZL98 Page 4 of h� 6 ----�; � �� 0 O�� ' C ITY of ORONO ,.,� �. _ i�I I� y � �j �� / �\� �t'� f�, ,� .- ti �, � �� ' '"'� ' �� '� '�' RESOLUTION OF THE CITY COUNCIL l `�' � � �� kESH�4 NO. 3 0 71 � � ,� `' r. �'7.�'�- /1 V � � P perty Owner(s STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ��' 19 9 � On this �,J'� day of r-2_,b�'�.c �C��I • before me a Notary Public within and for said county, personally appeared � h u ��r n � , �ri i��3 c�i� m ��/1��'cf� 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. � - LINDA S. VEE „�� `/� ; NOTARY PUBLIC - MINNESOTA ' HENNEPIN COUNTY NOTA PUBLIC �.j� My commission explres 8-12-96 :�,,., STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s day of , 19 9 , before me a Notary Public within and for said County, personal Iy 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 . Page 6 of 6