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Home My WebLink About#5498-CUP-2006 . °.�,. � 0 0 � CITY of ORON4 ,� - ;. � ti �� G~' RESOLUTION OF �� I�Y COUNCI L `�kEsH.Og' . NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1286 FILE NO. OS-3147 VV�€��EAS, Stever� R. Sundby and Janna S. Sundby, husband and wife (hereinafter "the applicants") are the owners of the property located at 3587 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lots 8 and 9, Block 2, "BALDUR PARK", Hennepin County, Minnesota lying South of the Southeasterly line of County Road No. 51 (hereinafter the"property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to allow land alterations within 75' of the 929.4' elevation of Lake Minnetonka consisting of replacement of existing retaining walls. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File OS-3147. 2. Th� property is located in the LR — 1 C Zoning District wl�icn requires a minimum lot area of 0.5 acres and a minimum lot width of 140' at the shoreline and 75' lake setback. The lot has an area of 0.14 acres, a width of 108' at the shoreline and 62' at the 75' setback line, and contains an existing residence. 3. The Planning Commission reviewed this application at a public hearing held on July 17, 2006 and recommended approval of the proposed plan to replace the retaining walls based on the following findings: Page 1 of 5 � � o� o , o -�� C ITY of ORONO a - �,�. � ti �� G~' RESOIUTION OF THE CITS COUNCI L `�k'EsKo�' rvo. 5 4 9 a. The existing wood retaining walls have deteriorated but are necessary to support the existing driveway and garage apron located immediately above the wall system. The applicants have no alternatives other than replacement of the walls to allow continued vehicle access to the property. b. The applicants have submitted engineering detail work sufficient to confirm that the proposed two-tier boulder wall system will be capable of supporting the existing driveway apron. c. The applicants have proposed to provide vegetative screening of the boulder walls via the use of perennial plantings to soften their appearance as viewed from the lake. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. 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 conditional use permit would not adversely affect iraffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-1286 to allow land alterations within 75' of the 929.4' elevation of Lake Minnetonka consisting of replacement of existing retaining walls, subject to the following conditions: Page 2 of 5 w • , O� � O , O - CITY of ORONO ,� ..,�. � ti �� G~' RESOLUTION OF THE CITY COUNCIL `�kEsKog' rvo. 5 4 9 $ 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A, and the based on the eugineered desi�i by Michael R. Johnson, P.E. of Civil Solutions Group LLC dated July 17, 2006. Any amendments to the site plan and design which are not in conformity with City codes will require further Planning Coinmission and City Council review. 2. This approval is subject to compliance with tlie recommendations of the City Engineer. A land alteration permit must be issued through the Building Department prior to any site worlc. Appropriate erosion control measures shall be � in place prior to commeiicement of construction. 3. The applicants shall provide a planting plan in accordance with their proposed perennial garden establishment for staff review and approval prior to issuance of the land alteration permit. 4. Hardcover shall remain at the levels approved in City Council Resolution No. 5429 adopted February 27, 2006. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissive only and must be exercised by obtaining a land alteration permit for the replacement wall system within one year of the date of Council approval, or the conditional use permit will expire on that date (August 28, 2007). 6. 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. 7. The undersi�ied applicants have read, understand and hereby agree to the tenns of this resolution and on behalf of the applicants and the applicants' heirs, successors and assi�ns, hereby agree to the recording of this resolution in the chain of title of the property. Pa�e 3 of 5 � .� 0,�. O O � � CITY of ORONO ,� ,. � ti �� G�' RESOLUTION OF THE CITY COUNCII. 9kESI�Og' NO. �J 4 � g Adopted by the Orono City Council on the 28`h day of August, 2006. ATTEST: ��-�- � ��-- � � Linda S. Vee, City Clerk Barbara A. Peterson, Mayor �� 9 t �� j� ' / A� � `� .. � ,..''� , 3 \ Property Owne (s) / r � STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this��day of � �,►�', 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. �'' �� -�:. C,�--�� iVo�sry ��,/ '��lACt3lJELYN M. YOUNG . � Notary Puhiic-Minr�esota STATE OF MINNESOTA �� My��'�fe8'�"�''2010 COUNTY OF HENNEPIN � �� The foregoing instnzment was acknowledged before me on this � day of �T►'�h�2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. C��,� ,�G�G �� RACHEL DODGE Notary Public �;{ : NOTARY PUBLIC-MINNESOTA - �ly Cfltnmission Expires Jan.31,2010 Page4of5 � � o� 0 0 '� CITY of URONO +-� g �-,� � �� G'�' RESOLUT�ON OF THE CITY COUNCIL `�kEsKo� No. 5 4 9 8 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this C� day of t1`cyl e1��',2006 by Steven R. Sundby, husband of Janna S. Sundby. � � _ ��.. , DENISE M. LESKiNEIV NOTARY PUBLIC-MINNESOTA ' •�,,,::. My Commission Expires Jan.31,2010 �� Notary Public ;,��::,�• STATE OF MINNESOTA COUNTY OF HENNEPIN This instruinent was acknowledged before me this �(� day of ��l�/b� , 2006 by Janna S. Sundby, wife of Steven R. Sundby. � r � ,� � , , DENISE M. LESKINEN �tar Public NOTARY PUBLIC-MINNESOTA y ` ,;;,;s+f My Commission Expires Jan.31,2010 Page 5 of 5 � � E7iHIBIT A . N OTE: RESO�LUTTOhT�o.�g t. THE S1TE PLAN SHOWN IS FOR ILLUSTRATIVE PURPOSES ON�Y. • ---T;��, j IT HAS BEEN REPROdUCED SITE SURVEY PLAN. I � -�" �—---,_ � � • - I �_—.___ C 0,�:j�"�'�' �i,q� �j (C�:y T�� ---;.�:._ _. _, L1'V� O�TR4L'��j I ' r � �— ; —' ---� I � ::� �� I , �� f� �--�--_--,,--- � c��s�,�c.�To��_l` � � � \ ,; ;,,�. ;,� � ---� C, �j� ' 1 � " l � i � . . � - �.�'"'^�, f ; l ! �P� �,� � �� g�__ � � /�r,o .�•'� { �f \ I / � 1 � _J��/ . ;/ i;< . � /S _ I��.�J—� �� .� �/ ��' Lt,'Y' . � ��J. � ENO wALL �/ . Y � � � �YD . 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O i ��ec ,y�. / •; . –• �,; � BEGifV WA�L � ��'� `� - � Ln {Q ` , �' w. � , � � � /,�. s-�;, �:.� _1 � �,> ��. :� � / � J T �� I ,1 � � .l�� / I ��%�� J �-� � -�� . _ �.�.�r ( f � � , N ��v� -��''r�:� . .. , �� - / ( .�`�� . 1 �� _ -� �,�9.� �� .�j i✓ ��. �� COPYRIGHT (c) 2006 BY CNII SOLUTIONS GROUP, LLC. t �� \ Desi �ed 8: Pro'ecl: Registralion No: 9 Y i I hereby certiiy that lhis plan speciFication, or report wos CIVIL SOLUTIONS GROUP, LLC No. Date Re�fs�on By SR$ 25493 prepared by me or under y direct superv�sion and lhai � SUNDBY RE5IDETJCE I am duly ce e r ' s onol Engineer under the la�s 8200 HUMBOLDT AVENUE SOUTH, SUITE 100 BLOOMINGTON, MN 55431 I sco�e: ORONO, MN projcci No: oT the Stet o i s a. PHONE: (952) 294-4755 � � NTS t1e_ 06-380 \ FAX: (952) 29L.-4595 � oae�: o�aw��9 Na: $j i'�t al' MfKECa�CIVILSOLUTIONSGROUP_COM � � 14 AUG 06 S�TE PL'AN 2 oote: Mjciael R. Jo on, P.�