HomeMy WebLinkAbout#2194-variances-1987 i �� _�� .
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� � � Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2194
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A R$SOLIITION GRANTING
VARIANCES TO
MQNICIPAL ZONING CODE
SECTIONS 10.41, SDBDIVISION 10 (A) (B) (D) ,
SDBDIVISION 9, SIIBDIVISION 5 (A)
AND SECTION 10.22, SDBDIVISION 1 AND
Pffit SLCTION 10.41, SOBDIVISION 2
APPROVES THE COMMERICAL SITE PLAN FOR
SMITH'S BAY MARINA AND YACHT CLOB, INC.
FILE #1142
WHBREAS, Smith's Bay Marina, Inc. (hereinafter "the applicant")
has an interest in the property located at 1955 Shoreline Drive within the
City of Orono (hereinafter "City") and legally described as follows:
Commencing at the intersection of the North line of Central Avenue
extended Easterly with Easterly right-of-way line of County Road No. 7
thence Northeasterly 42 degrees 15 minutes East 120.05 feet to actual
point of beginning thence South 57 degrees 45 minutes East 29.04 f�et
thence North 37 degrees 50 minutes East 130 feet to the intersection
• of North line of Grand Avenue extended Easterly thence North 59
degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15
minutes West 131.05 feet to beginning including accretions, "ORA PARK"
ON LAKE MINNETONKA", Hennepin County, Minnesota, (hereinafter "the
property"); and
WH$REAS, the applicant proposes the construction of a principal
structure and major restoration of the marina property and has applied to
the City for variances to Municipal Zoning Code Sections 10.22, Subdivision
1 to permit fencing 10 feet from the lakeshore instead of the required 75
feet, 10.41, Subdivision 5 (A) to permit parking stalls for 42 vehicles
instead of the required 48 stalls, Section 10.41, Subdivision 9 to permit
parking 10 feet from the street lot line instead of the required 30 feet,
Section 10.41, Subdivision 10 (A) to permit the principal structure to be
built 50 feet from the shoreline instead of the required 75 feet ,
Subdivision 10 (B) to permit the principal structure to be built 40 feet
from the side lot line adjacent to a residential zone instead of the
required 50 feet, Subdivision 10 (D) to permit 15,862 s.f. or 63.4$ of
hardcover (actual reduction of 10� over existing hardcover at 73.6�) within
75 feet of the lake whereFno hardcover is allowed and to permit hardcover
to remain at 5,100 s.f. or 300� over� the allowed amount of hardcover at
1,275 s.f. or 25$ and per Section 10.41, Subdivision 2 seeks approval of a
commerical site plan for the complete restoration of a marina property.
NOW, TH$REFORL, BE IT RESOI�VED by the City Council of Orono,
Minnesota:
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� � C�t� o� ORONO �
• RESOLUTION OF THE CITY COUNCIL
� NO. 2194
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. FINDINGS
l. This application was reviewed as Zoning File #1142.
2. The property is located in the B-2 Lakeshore Business Zoning
District.
3. The Orono Planning Commission reviewed this application listed
above and the commercial site plan for the complete restoration of the
subject property on May 18, 1987, and recommended approval of the
proposed variances based upon the following findings:
A) The lot is not deep or large enough to allow structures to
meet required setbacks.
• B) The majority of the property is located within the lakeshore
protected area where no hardcover or structure is allowed.
C) The property has been used as a commercial marina for over 40
years and was recently rezoned to B-2 in 1975.
D) The proposed improvements provide a reduction of 10� in
overall hardcover in addition to improving quality of storm water
runoff prior to entering lake.
E) The majority of improvements provide for a major reduction in
hardcover immediately adjacent to shoreline.
F) Access to site and parking areas have Y�een greatly improved
with a proposed single structure making for a more efficient use
of the severely limited .land area.
4. The City Council has considered this appli'cation including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicant and the effect of the proposed
. variances on the health, safety and welfare of the community.
5. The Ci�ty 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 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.
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� - Clt� o� ORONO
• - RESOLUTION OF THE CITY COUNCIL
� NO. 219 4
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CONCLUSIONS, ORDER AND CONDITIONS
� ased upon one or more of the above findings, the Orono City
Council hereby grants the variances as set forth above and approves the
commercial site plan dated April 20, 1987 by R.L. Wuornos and Associates
for Smith's Bay Marina & Yacht Club, Inc., subject to the following '
conditions:
l. Owner to execute a Developer's Agreement and post a letter of
credit with the City to insure the following improvements are
installed by� August 31, 1988.
a) Drainage/surface water treatment improvements per final pla�ls
approved by the M.C.W.D. and City of Orono - the City would ask
that an underground drainage tile system be located and its use
reviewed as part of that improvement.
.
b) Paving of parking area, lighting, signage, and installation
of grassed area per plans by R.L. Wuornos and Associates dated
� 4/20/87.
• c) Reconstruction of dock adjacent to shoreline in conjunction
with shoreline restoration - areas of dock located above the
929.4 elevation not to exceed a 6 feet width.
d) To construct a six feet high privacy fence along the west
side lot line adjacent to the public access.
2. The executed Developer'�s Agreement and letter of credit (amount to
be 150$ of the cost of requirement improvements) must be submitted to
the City prior to application for a building permit for new principal
structure. City Engineer shall review total estimate of improvement
costs prior to submittal of letter of credit.
3. Erosion control shall be employed at all tim,es on the site during
the time of the construction of the principal structure and the
shoreline restoration.
4. Owner/applicant shall apply for a building permit with penalty fee
for commercial dock constructed prior to his ownership of the
property.
5. Demolition permits are required for all buildings to be removed.
Such permits must be obtained by applicant at the time a permit is
issued for new construction. A certificate of occupancy will not be
; issued for the new structure until all buildings designated for
+ removal have been razed.
j •' 6. Owner/applicant is hereby advised that at the time an application
� f or bui lding permit is submitted to the City, the Orono staf f sha 11
F evaluate the proposed improvement and uses of the property per
standards adopted by Metropolitan Waste Control Commission in the
determination of Service Availability Charges to be collected with the
issuance of a building permit.
Page 3 of 5
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, - Cit� o� ORONO �
• RESOLUTION OF THE CITY COUNCIL
� NO. 2194
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7. Owner shall reimburse the City of Orono for the cost of the
installation of a striped crosswalk within the right-of-way of County
Road 15.
8. Authorities granted with 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 this approval will expire on that date (June 8,
1988 ) .
9. 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.
10. 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.
� Adopted by the Orono City Council on this 8th day of June, 1987.
ATTE .
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thy M. lin, ity Clerk Jam s R. Gra e , Mayor
Property Owner(s) ��
Smith' s Bay Marina, Inc.
�i:l G 511�.l�c.��t. ^i=�--�-w�-��. `i�nR�A .
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, � � � Cit� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2194
�
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
On this day of ► 198
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
�
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MY COMMISSI.ON EXPIRES
STATE OF MINNESOTA )
)ss. -
COUNTY OF HENNEPIN )
On this /�p day of -u� , 198� before me
a otary Public ithi�an fo said C unty, personally appeared
, �� known to me to be the
pe son(s) described in and who executed the foregoing instrument,
and acknowledged that he (they ) executed the same as his
(their) free act and deed.
G�/l�A-�
� NOTARY PUBLI
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• �, /g��
MY COMMISSION EXPIRES �
• d"'w'�. CAR�I_ J. ��1�A y'�S
Page 5 Of 'rJ , :��t��� NOTARY PU6LIC-b4�NNE50T/�
���='� HENNEPiN COUNTY
My commission expires Oct. 7,1989
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STATE OF MINNESOTA ) �
) '
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) �
I Dorothy M. Hallin, City Clerk af the City of Orono � Hennepin
County, Minnesota. do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said� City Council at a meeting of said City Council held •
on June 8 . 19 87 , and that the same is a true
and correct copy of said resolutiion was duly adopted by said City
Council at said meeting.
� In Witness Whereof � I have hereunto set my hand and seal this
15th . day of Ju , 1987
, .
D thy M allin� C ty Clerk
(SEAL) � '