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Home My WebLink AboutResolution 6956 Doc No A10646195 Certified, filed and/or recorded on Mar 28, 2019 12:25 PM Office of the County Recorder Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 147 Pkg ID 1804503E Document Recording Fee $46.00 Document Total $46.00 This cover sheet is now a permanent part of the recorded document. ��p CITY OF ORONO RESOLUTION OF THE C�I'Y COUNCIL y�, G�� No. 6 9 5 6 t�k6SHo��' A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 78-1117; 78-1119; and 78-1606 FILE NO. LA19-000003 WHEREAS, on January 22, 2019, Fineline Lakeshore Service, (hereinafter the "Applicant") applied for a conditional use permit pursuant to the City Code on behalf of Thomas and Kelsey Hamilton (hereinafter the "Owners") the owners of the property addressed 1795 Fox Street and legally described as: Lot 2, Block 1, FOX ISLAND, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit(hereinafter the"CUP") pursuant to Orono Municipal Zoning Code Sections 78-916 78-1117; 78-1119; and 78-1606 to permit construction of a permanent dock in the 100- year floodplain of Long Lake Creek; and WHEREAS, on February 19, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 19, 2019, the Planning Commission recommended approval of the CUP; and WHEREAS, on March 11, 2019, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested CUP as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA19-000003. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 1 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G�� rro. 6 9 5 b `qKFSHO�� 2. The Property is located in the RR-1 B Zoning District; and is also within the Shoreland Overlay District. 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 4. Applicant has applied for the following: a. Conditional Use Permit for a Permanent Dock installed in the 100-year Floodplain. 5. In considering this application for a conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed CUP upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: The City Council may grant a CUP as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the City must find that the proposed use at the Property is or will be: 1) Consistent with the community management plan; Docks are anticipated accessory uses on lakeshore residential properties. This criterion is met. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Docks are listed as allowed accessory uses in residential zoning districts. This criterion is met. 3) Adequately served by police, fire, roads, and stormwater management. This criterion is met. 4) Provided with an adequate water supply and sewage disposal system; Not applicable. 5) Not expected to generate excessive demand for public services at public cost; The permanent dock is not expected to generate an excessive demand for public services. This criterion is met. 6) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There are other seasonal and permanent docks in the general area, there is no proposed change of use. This criterion is met. 2 ��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y � No. 6956 � G� �'�xssxo��' 7) Consistent with the character of the surrounding area, unless a change of character is called for in the community management plan; No change is proposed in the Comprehensive Plan. This criterion is met. 8) Compatible with the character of buildings and site improvements in the surrounding area, unless a change of character is called for in the community management plan; There are other seasonal and permanent docks in the general area, there is no proposed change of use. This criterion is met. 9) Not expected to substantially impair the use and enjoyment of the property in the area or have a materially adverse impact on the property values in the area when compared to the impairment or impact of generally permitted uses; The proposed permanent dock is not expected to impair property values or impact permitted uses in the area. This criterion is met. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; By the nature of the dock it will project from the land, through the wetland, and into the open water of Long Lake Creek; it will be screened from most views by the existing wetland vegetation. This criterion is met. 11)Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The dock will not create a nuisance condition; this criterion is met. 12)Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties, traffic congestion, or unsafe access; This residential dock on a single family property is not expected to generate excessive traffic or be an inconvenience to adjoining properties. This criterion is met. 13)Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; By the nature of the dock it will project from the shore into the creek bed. This criterion is met. 14)All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of-way or neighboring residential uses or districts; The applicant agrees to this requirement; and 3 g'��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G`� No. 6 9 5 6 �'�xssxo��' 15) Not detrimental to the public health, public safety, or general welfare. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a CUP pursuant to Orono Municipal Zoning Code Sections 78-916 78-1117; 78-1119; and 78-1606 to permit construction of a permanent dock in the 100-year floodplain of Long Lake Creek, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The Owners shall comply with the DNR permit and all other applicable jurisdictional regulations. 3. The approved project shall conform to the survey dated 01/22/19 by Gronberg & Associates and dock plans submitted by the Applicant and annotated by City staff, attached to this Resolution as Exhibits A 8� B. The dock may not extend more than 32 feet beyond the cattails (or 184 feet from the shore). 4. Reflectors shall be added to each post. 5. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 6. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a zoning permit for the new dock and commencing construction of said project within one year of the date of Council approval, or the CUP will expire on that date (March 11, 2020). 7. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 11th day of March, 2019. ATTEST: CITY OF ORONO: � / Anna Carlson, City Clerk r Dennis Walsh, Mayor 4 6956 _,,,,� ; � D�4 00 1z" ATTACHMENT A zR,r - +�• CERTIFICATE OF SURVEY FOR N 54�"��:9f ��t y -�s--�i�'- THOMAS HAMILTON �_� 5�..1 i . ,,,`� . OF LOT 2, BLOCK 1, FOX ISLAND �3 � HENNEPIN COUNTY, MINNESOTA o g " ��--�_�;,` i �-' r s zroo�oo•� w �n>�. :� ---� �--r � ��r i sa.a m=$., I�_.——' _�u��` \ K, �y_��>E� � \ LF_Ai_q.S.F.-1CN Cr FR:U:SES a��a i ��___ 0 6 �'-' \7,�.�J \t_,S ; �ac z.ew� i 'ox rs�rNo ��.�a -- -2 k� q.� � 655kq6� � ... .� �� `t :i. �"U. PPOPOSLD ELEVATIOrS:(.erify) . Cem�es v . . �� i f N ,�5 , g �'-�,�� se s so•oo�oo•� e x � .-- . °o �� emw:<e w ao e e< �. w`a_ 1' �� w� .,,`�.., I }��\ �C�'� ,�. \557.00... ..�..., �. 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HOUSE DETAIL �% °��`ig,a Total dock length +/- '�`�°• �`"" PENINSULA DETAIL � ' �� 6��...;� 184 feet 1"�SO' S C A L E i=cic! di;'.��:'j�u ie-ias FineLine �akeshore Servi�e � � Pn Box 62�, hlound,A�II� SS3� 9S2-�I;2-11?2 phone�faz numbzr � couta�t�tinelinedacks.c�m • tivw��,bnelined�cks.cam 6956 71Mc8'L 7'Wx8'L Tom Hamilton $, 1795 Fox St. Orono, MN 55391 �,� a � � � $� � �o Y N �� r-, a� �n m� �� Fo ia 8� U � 0 d � �S y. U C (_O (6 M 8� c-� � o � � � �� X (6 8� � 8' � �� m $� � �, X O J (6 �O � '�' �� N~ 8� ` � � � � � a� Q o m=«, o $� 'r�� cd c �n;? o� ' . ,@�� C L U$�O � � o �c X voo c� $� W'�a � N M 8�