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Home My WebLink AboutRes 5012 0,4, - CITY of ORONO , 40. 44 '0. I1 � , RESOLUTION OF THE CITY COUNCIL ikES001 NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISION 9(B)(3) FILE NO. #03-2911 WHEREAS,Peter J.Ryskamp and Lisa M.Ryskamp,husband and wife,(hereinafter "the applicants")are owners of the property located at 1080 Wildhurst Trail within the City of Orono (hereinafter "the City") legally described as follows: Lots 5 and 6, Tonkaview Gardens, Hennepin County, Minnesota (hereinafter"the property"); and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9(B)(3) to permit construction of a permanent dock to replace the existing permanent dock located within Lake Minnetonka; 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 July 21,2003, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2911. 2. The property is located in the LR-1B Single Family Lakeshore Residential zoning district. 3. The property abuts the shore of Lake Minnetonka and currently contains a deteriorating permanent piling dock which the applicants wish to replace in a new location extending from the shoreline. Page 1 of 6 t IA O O O =t,* ,, CITY of ORONO S11, Iv , 1��,Ij'► - �G., RESOLUTION OF THE CITY COUNCIL 41kES1104 NO. 5 0 .i1 a 4. 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 10.55 Subd. 9(B)(3). 5. The Orono Planning Commission reviewed this application on July 21, 2003 and recommended approval for a conditional use permit for construction of a replacement permanent dock by of vote of 6 to 0, based on the following findings: a) The property is on Forest Lake Bay of Lake Minnetonka and is located in a cove where wave and ice action will be minimal, hence the stability of such dock will be at minimal risk. b) The proposed replacement permanent dock is located in Lake Minnetonka and is under the jurisdiction of the Lake Minnetonka Conservation District (LMCD). The applicants obtained a permit from the LMCD for replacement of the dock in June, 2003. The LMCD permit also granted a dock length variance for shallow water depth. c) The proposed permanent dock will be located so as to reduce potential conflicts with adjoining docks and will meet LMCD setback standards. 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 conditional use permit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 O O CITYof ORONO •fi �►!��+Ij,'.. �G RESOLUTION OF THE CITY COUNCIL ykts-HP NO. 5 0 1 2 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 10.55, Subdivision 9(B)(3) to permit construction of a permanent dock to replace the existing permanent dock located within Lake Minnetonka, 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 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 applicants, 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 (July 28, 2004). 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 applicants have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 6 . , � °� o ,t o = ,\.0- CITY of ORONO '..4411r11°40' 11 s\',,ii. * til '�; I� ' - O~ RESOLUTION OF THE CITY COUNCIL. . .4`9k 11°40' NO. 5 0 1 2 Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of July, 2003. ATTEST: . ..',.--/A--e:/,_,v i (4,_ 4,,,„" , Linda S. Vee, City Clerk Barbara A. Peterson, Mayor Q,Ic er -, Property 0 }� �� P Y (s)J Page 4 of 6 (--- 01‘)0 � ACITY of ORONO 'c4 ' '��*00, G RESOLUTION OF THE CITY COUNCIL t`9kESH01 NO. 5 0 1 2 STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on this 28th day of July, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '4c• ':: KRISTI B.ANDERSON a. � ti.. 4, NOTARY PUBLIC-MINNESOTA Notdry Public MyCoRnn sonExpiresJai:. 1,7.00 ill J✓' /lt✓J. ---.!1_/"../" _c _ • STATE OF MINNESOTA COUNTY OF HENNEPIN ii,"i The foregoing instrument was acknowledged before me on this ?,8�h day of J4, 2003 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. RACHEL DODCE NOTARY PUBLIC-Mlhiiv "CTA t Notary Public My Commission Expires Jan.31,2CJ5 Page 5 of 6 o --.4i0V 0 k O O 1 .=e *Ir. ,a, CITY of ORONO 1 �` ( ti "� 1 ,$4,1 , G~ RESOLUTION OF THE CITY COUNCIL �`9kESH�4� NO. 5 0 1 2 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me thish day of 5-e-Ftc rn2003 by Peter J. Ryskamp, husband of Lisa M. Ryskamp. RACHEL DODGE } (:)._.,2___X___(.......( f)cot c.,L____ ' 1 NOTARY PUBLIC-MiN'2'CTA Notary Public My Commission Expires Jin. ,_,^; - STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this '" day of cap/oh her , 2003 by Lisa M. Ryskamp, wife of Peter J. Ryskamp. ./') i LWx)-zzi . .„ DENISE M.LESKINEN +'� - b mt...., NOTARY PUBLIC_ NNESOTA ` Notary Public ¢? ons• ��`•� My Canmissicn Expires Jan.31.�.f. t Page 6 of 6 • EXF+t al T" A tees° No. DOCK LOCATION DRAWING FOR PETER & LISA RYSKAMP IN LOTS 5 & 6, TONKAVIEW GARDENS, 5 0 1 2 AND ADJOINING PROPERTIES HENNEPIN COUNTY, MINNESOTA 111 I 1 . I ...TM__DOCx 4 S 89'07'25" E 164.94 __ I111 , a. ___- • ___ • 37 FOREST j LAKE \ 2t.37 loaf -----------------1------• 1 , \ I \ I 5 14 7r u,e.c. s ..,e I \ 1 `o\ EXISTNG \I pi'6•\ a •-'<.X. DOCX °CATKIN HOUSE oa.«.i,.,� • vz r'a'Voi..our 4:.n ,.,• a 11 1" \ \� -- c I SURVEY n.. 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