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Home My WebLink About#2414-variance/CUP-1988 �. .� � ' ' . . . Ci.t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2414 � � . " . • � • • A RESOLUTION GRANTING .� A VARIANCE TO � . ' SECTION 10.22, SIIBDIVISIOId 2 & SECTIOAI 10.55, SIIBDIVISION 8 AND PER SECTION 10.03, SIIBDIVISION 19 - .. � '' • APPROVING A CONDITIONAL IISE PERMIT '' � FILE #1233 WHEREAS, Michael A. Halley, President of Michael Halley Homes, Inc. , a Minnesota Corporation, (hereinafter "the applicant" ) has an interest in the property located at 2715 Pence Lane within the City of Orono (hereinafter "City") and legally described as Lot 2, Block 1, Carman Bay Heights, Hennepin County, Minnesota; and WHEREAS, the applicant has made application to the City of Orono to permit the reconstruction of .,.the retaining wal ls within the • lakeshore protected area requiring a� variance to Section 10.22, Subd. 2 and Section 10.55, Subd. 8 that would prohibit land alteration or . . permanent structures� within the lakeshore protected area and a conditional use permit per Section 10.03 , Subd. 19 required for the land alteration and reconstruction of the existing retaining walls. In conjunction with this land use application, the applicant has also presented building plans for the construction of a new residence on the property. � NOW, THEREFORE, BE IT R$SOLVED by the City Counci 1 of Orono, Minnesota: FINDIIdGS 1. This application was reviewed as Zoning File #1233. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring a minimum of 1 acre in area. 3. The property is approximately 41,148 s.f . or . 94 acre in area. 4. The Orono Planning Commission reviewed this application on March 21, 1988, and recommended ap�roval of the variances to Section 10.22 , Subd. 2 and Section 10.55 , Subd. 8 and a conditional use permit per Section 10.03, Subd. 19 as proposed based on the following findings: � � a) The proposed reconstruction of the retaining walls will result in an overall reduction of hardcover within the lakeshore protected area. Page 1 of 4 Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL . � NO. 2414 � ' • � � • �� b ) The existing retaining walls are in an unsafe and hazardous condition and must be replaced to assure the safe � use of the lakeshore yard. . • � � c) The w�alls �were damaged in tlie 'severe rain storm of July �:� 23 , 1987. The state of deterioration was not created by a lack of maintenance or upkeep. 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 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 appli- cant; 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 the reconstruction of retaining wal ls located within the lakeshore protected area that were damaged by the July 23 , 1987 " rain storm 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 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. CONCLDSIONS, ORDffi2 AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subd. 2 & Section 10.55, Subd. 8 and a conditional use permit per Section 10.03 , Subd. . 19 to allow the reconstruction of retaining walls within the lakeshore protected area in conjunction with construction of a new principal residenc.e subject to the following conditions: 1. A separate building permit is required for the construction of • new retaining walls and access steps. Steps are limited to 4' maximum width and all structural hardcover is to be maintained at 537 s.f. (72 s.f. for stairs and 465 s.f. for 155 lineal feet of boulder wall) . Page 2 of 4 � Cit� of ORONO • RESOLUTION OF THE CITY COUAICIL � NO. 2414 � , ' • � • • 2. Applicant shall provide a soil erosion plan at the time of application for a building permit for either the retaining wall ' or the new residence for all land alteration activities associated with new construction. 3. All activities involving the transport of fill to the building site shall be limited to the hours of 8 :00 AM - 4 :30 PM on weekdays only (Monday through Friday) . 4. Applicant and/or future owner of the property is hereby advised that the City will not approve any further encroachment of the lakeshore protected area with future requests to alter the existing elevations. • 5. Authorities granted by �this resolution run with the property not with the applicant, 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 (April 25, 1989 ). 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 undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 25th day of April, 1988 . e � ATT T: ,_ ' � �- . thy M allin, City Clerk Ja es� R. Gra k, Mayor N , , . , . • Property Own s ) s / ✓ i��i�e�/' /��/' " %!/�`�- � � c � Page 3 of 4 � 4 •. > 1 clt� o� oR,oNO � � RESOLUTION OF THE CITY COUAICIL �� NO. 2414 � � ' . ' • - • • . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � . . On this �,�'� day of ��/'�� , 198� before me a Notary Public within and or said county, personal Yy appeared _��i cha e l � �i ll2 y known to me to be the person(s ) described in a d who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. • E6-54-L��Idxe uo�ss�wwo��t{ry �ZiZ�G..� C/I• � Jl1Nf10� NId3NN3H tllOS3NNIW - �IlBfld AkIt110N �. NOTARY PUBLIC uns.�a�ad •7 nt�;,t�nd �-/5-9.3 • MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this /�D '� day of �G-y , 198$. before me a Notary Public within and for said County, personal ly appeared !.�%ll,am Z. Mernik � /Vl�delQlnc 5. ✓yler�%� 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. OTARY PUBLIC • Patricia L. Petersun . NOTARY PUBLIC -MINNESOTA HENNEPIN COUNTY -. My commisslon expires 7-15-93 �l-/5- �� MY COMMISSION EXPIRES Page 4 of� 4