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Home My WebLink About#5472-V/CUP-2006CITY of ORONO RESOLUTION OF TF�IZYZCOUNCIL NO. // A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTIONS 78-328(3),78-1250(a), 78-1282, & 78-1286 FILE NO. 06-3202 WHEREAS, Temple Israel of Minneapolis, a Minnesota Non -Profit Corporation (hereinafter "the applicant") is the owner of the property located at 645 Tonkawa Road within the City of Orono (hereinafter the "City") and legally described as follows: • Lot 12 and Lot 11 except the southeasterly 20 feet thereof, Auditor's Subdivision Number 207, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 to allow an existing swimming beach and existing gravel lake -access drive to be repaired and reinforced requiring a hardcover variance for the 0-75' zone to allow 3,712 s.f. or 3.75% hardcover where 3,202 s.f. or 3.2% is existing and 0% is normally allowed; and WHEREAS, the applicant has made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-328(3), 78-1250, 78-1282, and 78-1286 to allow an existing swimming beach and existing gravel lake -access drive to be repaired and stabilized requiring the aforementioned hardcover variance for the 0-75' zone and a conditional use permit to allow the land alterations within the 0-75' zone. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 0 1. This application was reviewed as Zoning File #06-3202. Page 1 of 6 .7 CITY of ORONO RESOLUTION OF TI -Ig CI T COUNCIL NO. 4 2. The property is located in the LR —1B, One Family Lakeshore Residential District, which requires a minimum lot area of 2.0 acres. The applicant's property is 18.28 acres in total area. 3. The Planning Commission reviewed this application at a public hearing held on May 15, 2006 and recommended approval of the requested variance and conditional use permit based on the following findings: a. The property is used by the applicant as Camp Teko, a summer camp, and is a conditional use within the LR —1B zoning district. b. The gravel drive and swimming beach are existing within the 0-75' zone. The gravel drive and swimming beach are in need of repair and reinforcement due to erosion from water. The existing gravel drive transects the property and accesses the lakeshore, resulting in hardcover within the 0-75' zone. 4. The City Council recognizes that the property is 18+ acres in area and the proposed repairs and stabilization will have no potential negative impacts on neighboring properties. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance and conditional use permit on the health, safety and welfare of the community. 6. 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 and conditional use permit 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. Page 2 of 6 • • CITY of ORONO RESOLUTION OF T�E4 T COUNCIL NO. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance and conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-328(3), 78-1250, 78-1282, and 78-1286 to allow the existing gravel drive and swimming beach to be repaired and stabilized which requires a hardcover variance for the 0-75' zone and a conditional use permit for the land alterations subject to the following conditions: 1. Council approval is based on the site and grading plans submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits A, B & C. Any amendments to the site plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the 3.75% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Hardcover in the 75'-250' zone shall be limited to 62,369 s.f. or 25%, hardcover within the 250'- 500' zone shall be limited to 94,976 s.f. or 30%, and hardcover within the 500'-1000' zone shall be limited to 51,438 s.f or 35% per City Code Section 78-1288. Applicant is advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non -hardcover surfaces. 4. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance and conditional use permit will expire on that date (May 22, 2007). 5. 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. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's heirs, successors Page 3 of 6 ti CITY of ORONO Alfti RESOLUTION OF TH UNCIL S 0 NO. 547 2 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of the applicant and the applicant's 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 the 22nd day of May, 2006. ATTEST: inda S. Vee, City Clerk Barbara A. Peterson, Mayor Property OFX� r(s �/l ,4 • Page 4 of 6 • • 1�� J� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 54 7* 2 The foregoing instrument was acknowledged before me on this A3 day of 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN ✓!J-rl1.ll!!./.lI✓!!!-/I!Jlll-�-�IIJ� The foregoing instrument was acknowledged before me on this A day of lYb-1-1— 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 5 of 6 • • L J 1�� ti J� STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CIT COUNCIL NO. 5472 This instrument was acknowledged before me this 0"?5 day of NO -Y , 2006 by Ellyn Wolfenson, President of the Board of Directors for Temple Israel of Minneapolis, a Minnesota Non -Profit Corporation, on behalf of the non-profit corporation. +� p • p 1ti Page 6 of 6 0 0 � U c1n) Camp Te 0 ƒ m 2 e 9 � % q/ Ell N g 22 % _/ ;$ § n -La ( .ƒ SCL /}� . � z Emerson z �ol,em 2 - } ®- � \ � � § I[ 7 o , § 7 ■ \ k )CD x m ------------------- M Camp Te 0 ƒ m 2 Planting Plan 9 F[]/I' ` % q/ Ell N r1D 22 % _/ ;$ § n -La ( .ƒ SCL /}� )M\ z Emerson z �ol,em 2 - } ®- f § 2 M Camp Te 0 Planting Plan mm _I , s u, c . Temple %@§ /}� )M\ z Emerson z �ol,em 2