09-09-1985 Council Packet - Laserfiche WebLink

Home Browse Search

Cl ty, of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SU©DIVISION 5 FILE 1946 WHEREF.S, David C. Cook (hereinafter "the applicant") is an owner of one of the properties located at 2739 Shadywood Road within the City of Orono (hereinafter "City") and legally des- cribed as Tracts F, Registered Land Survey No. 411 (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit per. Municipai Zoning Code Section 10.03, Subdivision 5 A through J to permit the continued use of the property as a legal non -conforming use and, specifica1iy, per Section 10.03, Subdivision 5 (J) seeks a variance to Section 10.24, Subdivision 4 (A) to ailow an accessory structure (dock) on a property that is unabicr to sustain a principal structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #946. 2. The property is located in the I.R-113 Singie Family Lakeshore Residentiai Zoning District. 3. On August 19, 1985 the Orono Planning Commission re- viewed this application as proposed and recommended al-proval based on the following findings: A) Per Section 10.03, Subdivision 5 (J): "Where, however, such a situation existed legally under the prior applicable law, the Council will not unreasonably require strict compliance and will generally look with favor on granting of a variance..." The substandard tracts were created prior to formal municipal zoning and controls in February of 1955. it) The Orono Council minutes of 1958 and a newspaper article published in the Minnetonka Harold in that same year confirm that the City was aware of the existence and use of accessory docks by non -adjacent owners. Page 1 of 4