The URL can be used to link to this page

Home My WebLink AboutResolution 7057 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �. G. 7057 tgkFslio NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-1118(3) FILE NO. LA18-000094 WHEREAS, Russell Kocon and Jacqueline Gibney are the Owners of property at 3570 Ivy Place (hereinafter "the Applicants") within the City of Orono (hereinafter the "City"), and legally described as follows: Lot 1, Block 1, Ivy Place Second Addition, Hennepin County, Minnesota WHEREAS, the Applicants have made application to the City of Orono for approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78- 1118(3) for construction of a permanent dock extending into the floodplain; and NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File LAI 8-000094. 2. The Planning Commission reviewed this application at a public hearing held on November 18,2019 and recommended approval of the CUP based on the following findings: a. The Property is conforming due to size and width. b. The dock is a water use feature and its extension into the floodplain is reasonable. c. The dock will not support lights,negating any nighttime light pollution. d. The dock will be built of sturdy materials designed for the specific use, minimizing upkeep and annual maintenance. Page 1 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7057 t�kESH�4� e. The dock will support reflectors to provide safety to lighted vehicles in darkness. 3. Conditional Use Permit Analysis. The City Council makes the following findings with regard to the criteria necessary for the granting of a conditional use permit. a) Consistent with the community management plan; The property is guided and will continue to be used for residential purposes. b) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; Accessory docks are permitted by the zoning code. c) Adequately served by police, fire,roads, and stormwater management; The proposed dock is not expected to increase needs for these services. d) Provided with an adequate water supply and sewage disposal system; The proposed dock will not increase need for water or sanitary sewer services. e) Not expected to generate excessive demand for public services at public cost; The proposed dock will not increase demand of these services. f) Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; A seasonal dock has been placed in the general area in past years. g) Consistent with the character of the surrounding area,unless a change of character is called for in the community management plan; The permanent dock is not expected to impact the neighborhood character. h) 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; The permanent dock is not expected to impact the character of the improvements in the surrounding area. i) 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 permanent nature of the dock is not expected to impact the use and enjoyment of property in the area, provided the dock does not impact an established channel into the lake. j) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; No screening is proposed or recommended. k) Not create a nuisance which generates smoke, noise, glare,vibration,odors,fumes, dust,electrical interference, general unsightliness, or other means; No testimony has been offered that suggests the dock will establish a nuisance. 1) Not cause excessive non-residential traffic on residential streets, parking needs that cause a demonstrable inconvenience to adjoining properties,traffic congestion, or unsafe access; The permanent nature of the dock will not increase traffic. Page 2 of 4 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL t9kESHo�� NO. X057 m) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The dock built for the floodplain will not impact the natural features of the lake. n) 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; no lighting is proposed and o) Not detrimental to the public health,public safety, or general welfare. The dock is not expected to introduce hazards,though adding reflectors at intervals along the dock will help winter users of the lake. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public,and the effect of the proposed conditional use permit on the health, safety and welfare of the community. 5. The City Council finds that the Applicants' request would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78- 1118(3) for construction of a permanent dock extending into the floodplain, subject to the following conditions: 1. This approval is for dock depicted on the attached Exhibit A. 2. The path through the shoreland restoration easement be no wider than 4 feet wide. 3. All requirements of the DNR, Lake Minnetonka Conservation District, and the Watershed District shall be followed. 4. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only. 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. Adopted by the Orono City Council on the 9th day of December, 2019. ATTEST: Page 3 of 4 CITY OF ORONO a � RESOLUTION OF THE CITY COUNCIL j'9kESHo4� NO. 7057 1 Anna Carlson, City Clerk Dennis Walsh, Mayor Page 4 of 4 PROPOSED DOCK LOCA11ON EXHIBIT Lot t Block I IVY PLACE SECOND ADDn1ON 7 0 5 7 City of Orono, Hemepin County, Mint mta r 4 \ `y \ ,,o��'� �y��i<, LOT 1 \a�� PO ° BLOCK 1` �% � \rr IVY PLACE, CON D ADD , < S I 70 ' v _ 0 Edge of Waters `-1 < < t Qy ( y 10 0. < `—! NOTE: 'P / PROPOSED DOCK LOCATION, DIMENSIONS AND SETBACK LINES ARE SHOWN PER oFo ° `� � PERMANENT DOCK SITE PLAN PREPARED ,'`� O,'�7X BY LAKE WEST DEVELOPMENT, LLC c� X DATED 4/9/19 ,'`� ',`;`� MINNESOTA CERTIFICATION N - I hereby certify that this survey,plan orrviswas prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the C1* vJ*w' S * te State of Minnesota. G R a U P Dated this 23rd day of October,201 0 0 60 4931 W.35TH ST.SUITE 200 ST.LOUIS PARK,MN 55416 CivilSiteGroup.c om Rory L.Synstellen Minnesota License .44585 SCALE IN FEET Project No. 17059.44 SHEET 1 OF 1 DOCK & LIFT, INC. DOCK SKETCH 7 D oCK&LiFT Tim & Mike Latterner Phone: 9521471-8343 or 9521474-7934 4550 Shoreline Drive Spring Park, MN 55384 Fax., 9521471-2608 www.dockandlift.com a-mail., info@dockandlift.com QuWw"r Name Customer Address r.-----� Customer Phone Customer City,State&Zip Date Customer E-Mail . . `, . . . . 31 .��_. . ._ .. �10�t ......................... , . .J....J..__.t....J....J....J....i.. • .4....L_..»4 ........... • . . • ♦ r • . • • . • • r r Noir ♦ ---------- 4 - �rJt$S�Pir6� ,yi1i�3;r� 1' __ -..L»»»-i., .L-. i_•.l_ .L....L. _J_. .J.- .J.. .J. .J.............. ...1....}....L. ..L....L.. .L. .Lr. . . . ..J. .. .. ...J-.. ...J. 4.....L....L_ .L...,.L.. - - .. .. .. _. .. . _ -----------......... .. .. .. .- -' - .-- ........... - 7 05 7 DOCK & LIFT, INC. DOCK SKETCH DOCiK&LIFT Tim & Mike Latterner Phone: 952/471-8343 or 952/474-7934 4550 Shoreline Drive Spring Park, MN 55384 Fax. 952/471-2608 www.dockandlift.com e-mail., info@dockandliift.com Custom r Name Customer Address Customer Phone Cyktomer City,State&Zip _ Date Customer E-Mail G, VL r I 1 \ ..................................._..___-------------.___.____-._..._.__......_._.....-----------.---------------._..............--____--_______-__-___-- r .t! �fd 1i .._ ._ _________ __ ___ __ . ---_ _--_ -. _- ____ __ .. .._ _.-_. ._. ___ _ __ ._ .._ -. ... .. ... ._ ._ ._ .. .. .._ ... ._ ...........J.... ._ _.....t..._ .. .. .. .. ....1... ._.S.--------- ....J.... ......... • • . r r . . r Ev - - --_- _- .. .. .. .. ... .. r- .. _. .. .. ... .. .. ...J. .. .. ...A.. .. .. .. _... ..-�-•_ ------------ ...1......................... ....... ...1.... _ ...... .. .......... .. DOCK & LIFT INC. DOCK S�ETCH 7 `� DOCK&LIFT Tim & Mike Latterner Phone: 952/471-8343 or 9521474-7934 •... '... 4550 Shoreline Drive Spring Park, MN 55384 Fax: 952/471-2608 www.dockandlift.com a-mail: info@dockandlift.com Customer NameCustomer Address f 35'1 t� IT'd Customer Phone Customer City,State&Zip Date Oc_w O 5�561 J itt5 Customer E-Mail . a ' ... .. ...c__._ .. .. ......Y T' i. �. � ' f r• �..._ .. .. <, ... .. _- .. .. ... . .. ... .. . .. .. .. ._ _._ _.. _- _- .. __.i.... _- _.._ --------------- ._ ____ __ ----- ._ .. ' ... . ... _------------ ---------- ___ ... a ------- I __ _ ... _. _. ._ .. ----------------- ------ ... .. .�... .. ...J--- ....... ..4... _.. .. 7 05 7 DOCK & LIFT, INC. Tim & Mike Latterner 4550 Shoreline Drive DOCK& LIFT Spring Park, MN 55384 952/471-8343 or 952/474-7934 SAS A s R v F Fax: 952/471-2608 e-mail: info@dockandlift.com www.dockandlift.com Rusty Kocon 3570 Ivy Place Orono, MN 55391 Specs for Piling Dock: We will furnish all labor, material and equipment to install piling dock as per sketch. Material to be used will be 8" to 10" in diameter treated piling, pressure treated stringers and cross pieces and 2" x 8" decking. All lag bolts and decking screws are plated. Piling length vary between 20' and 35', driven into lake bottm 5' to 101 . Distance between piling varies between 10'.to 16'. Any alterations to the dock lay out could change this quote. Thank you for the opportunity to give you a proposal on this project. If you have any questions or concerns, please give me a call. Sincerely, Tim Latterner