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V <br />U <br />/ t City of OROIVO <br />• • <br />•*V . i <br />> • <br />RESOLUTION OF THE CITY COUNCIL <br />NO. __________ <br />-6Tv^ji\'0 •' <br />A RESOLUTION GRANTING <br />A CONDITIONAL USE PERMIT PER <br />MUNICIPAL ZONING CODE <br />1.03, SUBDi^y: <br />FILE #946 J <br />WHEREAS, David C. Cook (hereinafter "the applicant") is <br />an owner of one of the properties located at 2739 Shadywood Road <br />within the City of Orono (hereinafter "City") and legally des­ <br />cribed as Tracts E, Registered Land Survey No. 411 (hereinafter <br />"property"); and <br />WHEREAS, the applicant has applied to the City for a <br />conditional use permit per Municipal Zoning Code Section 10.03, <br />Subdivision 5 A through J to permit the continued use of the <br />property as a legal non—conforming use and, specifically, per <br />Section 10.03, Subdivision 5 (J) seeks a variance to Section <br />10.24, Subdivision 4 (A) to allow an accessory structure (dock) <br />on a property that is unable to sustain a principal structure. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #946. <br />2. The property is located in the LR—IB Single Family <br />Lakeshore Residential Zoning District. <br />3. On August 19, 1985 the Orono Planning Commission re­ <br />viewed this application as proposed and recommended approval <br />based on the following findings: - <br />A) Per Section 10.03, Subdivision 5 (J): <br />"Where, however, such a situation existed legally under <br />the prior applicable law, the Council will not <br />unreasonably require strict compliance and <br />generally look with favor on granting of a variance • • • <br />The substandard tracts were created prior tc^ formal <br />municipal zoning and controls in February of 1955. <br />B) The Orono Council minutes of 1958 and a newspaper <br />article published in the Minnetonka Harold in that same <br />year confirm that the City was aware of the existence <br />and use of accessory docks by non-adjacent owners. <br />Page 1 of 4