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Home My WebLink AboutRes 5459 1 w �' v p . O =A`� - CITYof ORONO . �l 0,11,,,',. t > RESOLUTION OF THE CITY COUNCIL <A kEsvo-- 5 4 5 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A PERMANENT DOCK PER MUNICIPAL ZONING CODE SECTION 78-116(a) SUBDIVISION (8) FILE NO. 06-3186 WHEREAS,Robert D.Erickson(hereinafter"the applicant")is the owner of the property located at 372 Westlake Street within the City of Orono (hereinafter "the City")legally described as follows: That part of Lots 10, 11 and 12 Block 1, Hillside Park, according to the recorded plat thereof; together with that part of the vacated Alley adjoining said Lot 12 per Document No. 2711665,Hennepin County,Minnesota,lying west of a line described as commending at the northwest corner of said Lot 10;thence on an assumed bearing of North 89 degrees 57 minutes 07 seconds East,along the north line of said Lot 10, a distance of 307.00 feet to the point of beginning of said line to be described; thence on a bearing of South to the shoreline of Lake Minnetonka and said line there terminating. Except that part of said Lot 10,lying northwesterly of a curve concave to the west having a radius of 40 feet. Said curve passes through the northwest corner of Lot 9, said Block 1, Hillside Park and passes through a point on the westerly line of said Lot 10 distant 74.16 feet south from said northwest corner of Lot 9. The center of said curve is the centerline of Westlake Street as dedicated in said plat, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS,the applicant has applied for a conditional use permit per Municipal Zoning Code Section 78-1116(a)Subsection(8)to permit construction of a permanent dock to be located within Lake Minnetonka adjacent to the property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 17, 2006 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Page 1 of 5 4 gv 0.41' p O 'L'--.:� CITY of ORONO , 4,, „'' 1,Now\\ %� RESOLUTION OF THE CITY COUNCIL ��`gFfEI,IM p��'G NO. 54 5 9 SK NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #06-3186. 2. The property is located in the LR-1A Single Family Lakeshore Residential zoning district and has approximately 427 feet of frontage on Lake Minnetonka. 3. Permanent docks are allowed by Conditional Use Permit in the floodway and flood fringe of Lake Minnetonka per the provisions of Orono Municipal Code Section 78- 1116(a) Subsection(8). 4. The Orono Planning Commission reviewed this application on April 17, 2006, and recommended approval of a conditional use permit for construction of a permanent dock by a vote of 6-0,based on the following findings: a) The proposed permanent dock is located in Lake Minnetonka and is under the jurisdiction of the Lake Minnetonka Conservation District (LMCD) and is subject to the LMCD permitting process. b) Wave and ice action will be minimal so the stability of the dock will be at minimal risk. c) The proposed permanent dock will be located to meet LMCD setback, location and length standards and is not anticipated to result in conflicts with adjoining docks nor pose any navigation hazards. 5. The City Council finds that granting a conditional use penult to allow a permanent dock will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and Page 2 of 5 � 0� 0 0 ==Ac P- CITY of ORONO '''4'.4 'iiii,1 .%�,_ G~ RESOLUTION OF THE CITY COUNCIL �4 �, `� �,4� No. 5459 kesH.0 recommendations by the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed conditional use permit on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-1116(a)(8)to allow construction of a permanent dock to be located within Lake Minnetonka adjacent to the property, subject to the following conditions: 1. The dock shall be constructed per the location and design as indicated on the approved site plan attached hereto as Exhibit A. 2. The dock shall be allowed as long as it continues to be permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies. 3. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. 4. The property owner is advised to obtain the appropriate permits from the LMCD in the event that winter de-icing of the dock area is proposed. 5. Authorities granted by this conditional use permit run with the property not with the applicant, but are permissive only and must be exercised by obtaining a City of Orono one-time dock permit within one year of the date of Council approval, or this conditional use permit will expire on that date (April 24, 2007). 6. Violation of or non-compliance with any of the terms and conditions of this conditional use permit shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understands 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. Page 3 of 5 -4?%) 0 00 A CITY of ORONO 14111 � G1' RESOLUTION OF THE CITY COUNCIL ! � �4k.es804+ NO. 5 4 5 9 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 24th day of April, 2006. ATTEST: fi., 7,---- , ----------.--,-). 2 ,,,,c .7 ...-- 7,2 ---,• Li da S. Vee, City Clerk Barbara A. Peterson, Mayor �,. l/` ,p, , , f 'Robert D. Eric son STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 2 L-% day of CRc,7,lIJ , 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. ,,,IST18.ANDERSON 1 NOTARY PUBLIC-MINNESOTA r 7{...yr)t CA-,e-C".:4-ii,,1...` ''''''''''''/`::.r" ti My Commission Expires Jan.31,2007 Notary Public Page 4 of 5 . 0 Ai- p OCITY of ORONO ,, 0� RESOLUTION OF THE CITY COUNCIL �`41 ES110.v No. 5 4 5 9 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this--day of r r i'i ! , 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. ,,,--:_zz-,- ..,c.-..ter RACHEL DODGE \ r k '- II. k ( \\;----- , -__, ` NOTARY PUBLIC-MINNESOTA .,:; ; , My Commission Expires Jan.31,2010 (ki Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this t?7 day of -�i i , , 2006 by Robert D. Erickson. DENISE M. LESKINEN ' v ' ----�- ,.,_ ._.� NOTARY PUBLIC-MINNESOTA �' ' ti Notary Public _ . =�sc My Commission Expires Jan.31,2010 li C �?.,: ,,,, 111!l./.r....- ✓./.. 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