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Home My WebLink About#3487-CUP-1994 CITY of ORONO T> RESOLUTION OF THE CITY COUNCIL ti NO. 3487, E88 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 F=NU o�m CITY of ORONO RESOLUTION OF THE CITY COUNCIL G HNO. 3487 0 i, 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 II 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. D. Applicant 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 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 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 conditional use permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow reconstruction 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 walls and an access stair within the lakeshore yard, subject to the following conditions: Page 2 of 6 I Farm M Ohk Or r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3487 Es8 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 Jt►ly 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 property. dopt d he Orono City Council on this 24th day of October, 1994. A ST: M. llin, C erk Edward J. C aKan, Jr., Mayor Prop wner(s) Page 3 of 6 ►�W DMO. 4 CITY of ORONO J' RESOLUTION OF THE CITY COUNCIL STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 24th day of Octo er, 1994, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the ity of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLS A.NASEMAN . NOW PJRC4W*M % "80MCKW" Notary Public �M Nj C m WNJELJ1.YM- STATE OF MINNESOTA ) ss. CO NTY OF HENNEPIN ) On his /' h day of J��i , 199 , before me a Notary Public within and for said County,personally appe red - f, �= kngwn to me to be the persons) described in and w o executed the foregoing strument, and acknowledged that he (they) executed the same as his (their) free act and deed. _. • . CAROLE A.HASEMAN NOTARY pUSIC-M WOOTA HBWN COUNTY i Notary Public S ATE OF MINNESOTA ) ss. C UNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County,personally appeared anown to me to be the person(s) described in and who executed the foregoing instrument, and cknowledged that he (they) executed the same as his (their) free act and deed. Notary Public Page 4 of 6 Form SM Disk Or i jNwceroir of Lor 78 � o i I LEGAL' DESCRIPTION OF PREMISES SURVEYED: Lot •.77,. Tonkaview Gardens, and that part of Lot 78, Tonkaview Gardens des- cribed as, follows: Beginningat a j point in the North line of said I Lot 78,R which- point .i-s 61 feet Eahsterly 'from •'the mor.thwest corner of said lot; thence Southwesterly 'in a straight line to a point on the shore of Lake Minnetonka dis- tant. 24 .55. feet Southeasterly mea.- sured. along the shore of said lake from- the Southwest. corner of said Lot' 7.8.; thence Southeastetly along the ,shore. of said lake 24 .55 feet ! to tbe- Southeasterly corner of said I lot; said last: named. corner also �+ being 'the .,most' Southerly corner of said- Lot 78'; -thentt. Northeasterly aLlong' the Southeasterly line of said lot a d�;stance_'of. 240 feet to the most Easterly corner b€ *sbi d lot; thence Northvissterly along the North- J :easterly and 14cietherly lines of said I lot a distance of 126 .2 feet to the point of beginning-,. 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Gr v cI ��'V''" to ab• sou named corner of said ` ` Let$ said act aaand corner af•o }.��• alp the at 00006111 corn•f of ie� rl � Lot T t aMnoe haraMa•ter11 uu ll O , v:.it i••aloa0 t6 Oout"Get•r11 line el uid��•�il� [� �.;•. r lee • d/s aaea of 210 toot to most Ltt r1Y lorn•r of acid letr •:'1::� t,eaee Mel}t{thr•at•r 11 along tM lbrta- n, J .pd`t�•.' teKarl hand NortMrl7 lino of said G�\s ,I t•�/• a'. /.a 1 s��7 ti '_ :.(;r.tr-• got a dl lance of 126.2 teat to tb• /0 T �j 11iA� �r L•G w - :i:w•�• poles of p•q�nnlnq. � Y��I �t� L / ' 19•x• ti �� ;_r,J»_ .ar d• to iron marker ••c � c; r/7 ••'�. �•.:..¢ f5 do as icon marker Lound I a V �� •�,�/ O :�)� '� I,5'4�•1t�7i- ;$yr(f4.vO:e� r:l•a•I above are based un :1as lea data. I A 'R: eft tt' }' • '. '1 tit, X10 Y 1 lnt•Ada to ahoy th It i r \ S�ry• , P et the abors d••erland and aM loeat11on of an J .yj Q• -�•. �1ia►Ot M hoo•s..Mek. growl drlw- I L ;1;�•y 1007, of •tons retaining, etaining vane .rEf thar•ee. 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