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Home My WebLink About#4488-variances/CUP-2000 O O O CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �kES_HO NO. A RESOLUTION GRANTING VARIANCES TO SECTION 10.22, SUBDIVISION 2, SECTION 10.55, SUBDIVISION 8, SECTION 10.56, SUBDIVISION 16 (C) (5), SECTION 10.56, SUBDIVISION 16 (.I) AND (L) AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 21 FILE NO. 2584 WHEREAS, Andrew H. Rascher and Tracy K. Rascher, (hereinafter "the applicants")are the owners of the property located at 4705 North Shore Drive within the City of Orono (hereinafter "the City") and legally described as follows: Lot 1;Block 1,TRISTANA COVE, Hennepin County,Minnesota(hereinafter"the property"); and WHEREAS, the applicants have applied to the City to permit the construction of retaining walls by the lakeshore requiring variances to Municipal Code Sections 10.22,Subdivision 2. 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) and (L) to allow hardcover in the 0-75' lakeshore setback zone and a variance to Section 10.56, Subdivision 16(C)(5) to allow retaining walls which are prohibited in the shore setback zone, and a conditional use permit for Lakeshore alterations per Section 10.03,Subdivision 21. WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 19,2000, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 92584. Page 1 of 6 O O O b CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL II0 NO. 4483 S 2. This property is located in the LR-1B Zoning District,where 1 acre or 43,560 s.f. is the minimum lot area. The property consists of approximately .69 acres or 30,063 s.f. 3. The Orono Planning Commission reviewed this application on June 19, 2000 and recommended approval by a vote of 4 to 0. 4. The Planning Commission made the following findings of fact: A. The property currently contains an existing deteriorating retaining wall system at the lakeshore. Replacement of the retaining wall system is necessary to prevent erosion of the steep lakeshore yard. B. The existing retaining walls are located within 70'of the shoreline but do not extend the full width of the property. C. The existing retaining wall system hardcover is approximately 5.45%. The proposed retaining wall will comprise approximately 5.12%hardcover in the 0-75'zone. Approximately 40%of the 0-75'hardcover is the retaining wall system. D. The applicants have agreed to provide a suitable planting and vegetation plan which will provide adequate screening to the new retaining wall. E. No additional hardcover should be allowed in the 0-75' setback area. 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 variances would not adversely affect traffic 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. 6. The City Council finds that granting a conditional use permit to allow construction Page 2 of 6 / p CITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL �i`9kE S K0NO. 4488 of a retaining wall system will not to 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. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission,reports by City Staff, comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants variances to Municipal Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) and(L)to allow hardcover in the 0-75' lakeshore setback zone of 5.12%where no hardcover is normally allowed,and a variance to Section 10.56, Subdivision 16(C)(5)to allow retaining walls where they are normally prohibited in the shore setback zone, and a conditional use permit for lakeshore alterations per Section 10.03, Subdivision 21. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Shrubs or some other form of natural vegetation, not less than two feet in height, are required to be planted and maintained permanently between the retaining wall and the shoreline. A landscaping plan shall be submitted by the property owner and approved by City Matt prior to such plantings. 3. The property owner shall obtain the appropriate building and land alteration permits for the retaining wall prior to construction. Page 3 of 6 O O O b CITY of ORONO ti 0 RESOLUTION OF THE CITY COUNCIL SO NO. 443 �EfI 4. Applicants are advised that the City will not look favorably on future additions to hardcover in the 0-75' zone. 5. Authorities granted by these variances and conditional use permit run with the property not with the applicants,but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date(June 26,2001). 6. Violation of or non-compliance with any of the terms and conditions of these ^3nces and condit.icnal use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read,understood 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. Adopted by the City Council of the City of Orono,Minnesota at a regular meeting held on the 26th day of June, 2000. ATTEST: Linda S. Vee, City Clerk Gabrie abbour, Mayor Property Owner(s) Page 4 of 6 O O O b - CITY Of ORONO ti RESOLUTION OF THE CITY COUNCIL 19x 04� NO. 4488 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of June, 2000 by Gabriel Jabbour and Linda S.Vee,Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. CAROLE A HASEMAN oa-4-� / 4�'-:'a� J NOTARYK".NNNEWA Notary Public WC EW=den.31,Zoos STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this o7 7-th day of e , 2000, before me a Notary Public within and for said County,personally appeared rP,.14, k R05-1-LIC, IA ,;IJ111SI, 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. or, T /�� CAROLE A HASEMAN Notary Public NOTARY PUBLIC-MDUESOM 14 Camnds*n Ekea Jan.31,2= STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of ,2000,before me a Notary Public within and for said County,personally 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 5 of 6 Exhibit A CD SgSS„_ 488 N ��s acNFn 0 4 A c .S gLO t z a z ggg Q Z IIS W �m7 Qto a, $ rA y M a � -s..� t 9Z to a < o `a f� tm m�. �I z t."- S ay- O o = a e rill 3 ck G ss LLJ as 1:3 ri'•/; 40 J! l � �=� � •�' -,�h•� \! ,� ,i � � I ! =i iii i�!/!�' �. J ,o `. ! c 7 `! _ ��!! ?� 1 '!!!• �I:�,viii`� � I �Ifl )) �.. I ! I �� X11 '3 t: �••,3,.� � f I /!/,/! � •'�4�F �I''1 i 1711 7�f!i J;1,�I't�!/��'! ',��iij'��'Y l .;;;+,:/i1•,�/,. .-..,,,;/0,,;� /? JIB FZ_�. \aVF .,,�Ii:'�/•iii�j iii.�!-'/'ice'', v ,ai N 'fyi Page 6 of 6