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HomeMy WebLinkAboutResolution 3487 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ' '� NO. 3487, b`i ti E87rI A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND A VARIANCE TO SECTION 10.22, SUBDIVISION 2 FILE NO. 1974 WHEREAS, Tyler Corbin (hereinafter "the applicant") is the owner of the property located at 4685 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a conditional use permit to permit the reconstruction of retaining walls within 75' of the lake and a hardcover variance within the 0-75' setback area of 1,130 s.f. or 15.5% where none is allowed and where a 13.9% exists and a hardcover variance within the 75-250' setback where 64.3% exists and 25% is allowed and where 59.4% is proposed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1974. 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring one acre in area. The property consists of 28,550 s.f. or .66 acres. 3. The Orono Planning Commission reviewed this application on October 17, 1994 and recommended approval of the conditional use permit for the reconstruction of retaining walls within the lakeshore protected area and hardcover variances as set forth above based on the following unique findings and hardships: A. The former timber retaining walls within the lakeshore yard have been deteriorating over the last few years and have created severe erosion problems within steeper elevations of the lakeshore yard. Page 1 of 6 rte,sms Disk a CITY of ORONO s RESOLUTION OF THE CITY COUNCIL �4Fv �9kE8HOg' B! Per Section 10.56, Subdivision 16 (F) lakeshore property with severe topographies to the shoreline would be allowed an access stair. Applicant's conforming stair structure results in 620 additional square feet or 8.5% hardcover in the 0-75' setback area. C; Lakeshore improvements were installed by the previous owner in the late 70s and early 80s. DApplicant has provided erosion control to prevent further erosion of sediment into lake. 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 seFve 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 the reconstruction of retaining walls within the lakeshore yard of this 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 its use 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditiobnal use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow reconstruct'on of retaining walls within the lakeshore protected area and grants a variance to Section 10.22, Subdivision 2 to permit increases in hardcover as a result of the reconstruction of retaining ways and an access stair within the lakeshore yard, subject to the following conditions: Page 2 of 6 F=5005 Ofsk Or r O CITY of ORONO RESOLUTION OF THE CITY COUNCIL `�kESK0 1. Upon application for a building permit for reconstruction of retaining walls and access stair, applicant shall provide a landscape plan and planting schedule providing plantings within level areas adjacent to walls in order to minimize visual impact of three tiered wall at lakeshore. Plantings to be completed by July 15, 1995. 2. Applicant has agreed to remove gravel driveway along east side of property at either the time of the reconstruction of retaining walls and access stair or within one year of the date of the approval of the conditional use permit (October 24, 1995). If removals of hardcover are postponed to a later date, applicant must provide a letter of credit written to 150% of the cost of removal of gravel and replanting of disturbed areas as shown on Page 6 of this resolution. 3. The final adjusted hardcover inventory for this property as a result of the removals shown on Page 6 of this resolution shall be as follows: 0-75' setback area = 1,130 s.f. or 15.5% 75-250' setback area = 12,656.7 s.f. or 59.4%. 4. 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 will expire on that date (October 24, 1995). 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 shall be punishable as a misdemeanor. 6. 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 pro erty. dopt d lie Orono City Council on this 24th day of October, 1994. A ST: M, llin, C erk Edward T. C ahan, Jr., Mayor Prop wner(s) Page 3 of 6 FwmMDisk On 4 O CITY of ORONO : T> RESOLUTION OF THE CITY COUNCIL NO. 8487 �9�ESIi0g STATE OF MI'VNESOTA ) ss. COUNTY OF #ENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of October, 1994,I by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Or no, a Minnesota municipal corporation and said instrument was executed on behalf of the C ty. CAROLS A.HASWNMW h . 1884M Notary Public Calnndssion EvW Jae.31,70 STATE OF MINNESOTA ) ss. COUNTY OF!HENNEPIN } On this day of , 199`; , before me a Notary Public within and for aid County,personally appe red - - f- " �' known to me o be the person(s) described in and w o executed the foregoing ' strument, and acknowledged I that he (the, ) executed the same as his (their) free act and deed. . •� . CAROLS Jk HASEMAN NOT ESOIA HOWN COIJIM •� My CwedssW EVft Jan.31,2mopea - Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of ' 199 , before me a Notary Public within and for;said County,personally appeared known to mei 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 4 of 6 Fam 5005 Disk Or iNWcop'se, of Lor 7B c, t � i t i LEGAV DESCRIPTION O€' PREMISES SURVEYED: .Lot -.77,. Tonkau.iew Gardens , and that part of Lot 78, Tonkaview Gardens des- cribed as, follows: Beginning' at a point. in the North line of said Lot 78;, :which• point As 61 feet i F.asterlYfr©m 'the Northwest corner of said lot; thence Southwesterly 'in a straight line to a point on the- shore' of Lake Minnetonka dis- tant, 24 .53. feet Southeasterly mea- sured. along the shore of said lake from- the Southwest. corner of said Lot 7.8.; thence Southeasterly along the .shore. of saiid lake' 24 .55 feet i to the. Southeasterly corner of said lot; said Iast; name'd. corner also being 'the ..most' Southerly corner of said' Lot 78'; thenca. Northeasterly alopqthe Southeasterly line of said lot a 'a:i stanCe 'of. 2.40 feet to the imost Easterly corner b Of 'sa i d lot; thence Nt}rthpissterl,y along the NortYi- :east�rly and Northerly lines of said I lot a distance of 126 .2 feet to the point of beginning*.. o a . I tam .r "'bed • eive- Now Page of 6. . c :A ..� CERTIFICATE OF SORVEY FOR R •• "� .� . TYLER C0RBIN N.LOTS 77,AND 78,TON;'KAVIEW PARDENSAbrth S � e Drive HENNEPIN COUNT , MINNESOTA �,�I�SA�[ th Eli:: s ;: .�:•... 7Y t•• _ I t� ^LDUR4 DCSGNITTIDN DI pang tSPS,SURVLTLD. � ` •, �.,1 -� :�,.l.oi 7T• Tenn .part of Let 7t. 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