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Home My WebLink AboutRes 5703 , , . , g,, 0.4i. O O ==A:f t..._.tv., CITY of ORONO 41 RESOLUTION OF THE CITY COUNCIL `9k'ESTA0 N0. 570 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 78-1116(a)(8) FILE NO. #07-3327 WHEREAS, Bradley J. Close and Julie Potts Close,husband and wife,(hereinafter "the Applicants") are owners of the property located at 1214 Wildhurst Trail within the City of Orono (hereinafter "the City") legally described as follows: RLS No. 1450, Tract A, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS,the applicants have applied for a conditional use permit per Municipal Zoning Code Section 78-1116(a)(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 November 19,2007,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#07-3327. 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 has had a seasonal dock in the past. Page 1 of 5 O O CITY of ORONO v;ls, \' '.air t"► 'C�t �►�;I `+G RESOLUTION OF THE CITY COUNCIL 410ES1104 NO. 5 7 0 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 78- 1116(a)(8). 5. The Orono Planning Commission reviewed this application on November 19,2007 and recommended approval for a conditional use permit for construction of a permanent dock by a vote of 6-0, based on the following findings: a) The property is on Forest Lake bay of Lake Minnetonka and the proposed dock will be located within a cove area where wave and ice action will be minimal, hence the stability of the dock will be at minimal risk. b) The proposed permanent dock is located on Forest Lake bay and is under the jurisdiction of the Lake Minnetonka Conservation District (LMCD) and is subject to the LMCD permitting process. 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. 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,and that granting of 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 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 permit 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 Page 2 of 4 0 10 ?,; CITY of ORONO Ks.` xjI �" X11. 1 titi ��•O'01k4C) RESOLUTION OF THE CITY COUNCIL �SHOg NO. 5 7 O j 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 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 (December 10, 2008). 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting heldheld041,the 10th day of December, 2007. ,,I-,..; i.I: • ‘,.-: ',`;,444,i1: 'V '';41 lAaf,t..-. I(. 4_,Lic.-6:- VCg` Y ; 4Liida1S V City lerk J es M. White, Mayor yt'4:,.,,.,,•-:,,,,,.:. z,,,,,,, �x r �! k vi,k I, ,;..4., . , .e• exC...----' _Property Owners Page 3 of 4 0 CITY of ORONO Mink RESOLUTION OF THE CITY COUNCIL `4kESTA0 NO. 5 7 0 7) STATE OF MINNESOTA COUNTY OF HENNEPIN y This instrument was acknowledged before me this day of ft-) kct,�� , 2007' by Bradley J. Close,husband of Julie Potts Close. fi; RACHEL DODGE NOTARY PUBLIC-MINNESOTA A sr+ My Commission Expires Jan.31,2010 ; Notary Public Q �-e��K-tea:•` STATE OF MINNESOTA COUNTY OF HENNEPIN • This instrument was acknowledged before me this hday of 1-+an� , 200/ by Julie Potts Close, wife of Bradley J. Close. RACHEL DODGE tl kk. - /Oo c ,":4 � NotaryPublic NOTARY PUBLIC-MINNESOTA k My Commission Expires Jan.31,2010 t� c^r-^.. ,°ate✓. -.er.✓.—_ —_✓✓Jl Page 4 of 4 . W •C T:0)061(11°1111122tv z0^vazi 5 0 0 S '°h a,eze. v an 114 :/,-----, i®.r ,, , . ,,, „ ; ,. / . / / / ,k. _ ttttr / // '' �1 °k // a i / , - _ / f ------ -- X_:; / 2.,v,, , //,,.. /, 3 : . / I\ I \ j TMu ro'eu (' / 4,ie/ ( r,_,„.... . , i iit' y -1 ,,c :: , / , / •-e g __ / ' 0 �� F _ a, I °uoK q , ill A 1 111 -1 1 1 �s� �h'O7 a 14 g Y1Ef a $¢ iii , _ $ o tio� F 'II n,— II 1 Li k5 a +1- X1111 z 4� ,gth '� rid Ci: c@ 1 4 4.$6 i g = tl i ra----". 6141 .'- a c $ °2 1 ' . s.1ai1l i ggy V � r d a ; s 2'p5 Bao IA 47 5; S1 of „„ :.., R4 tl IP 1111111 n ji- �" 61 l 6 t Y fi1 4 y� P.a;; iif!L 1YJ!l-hIilii „. STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on December 10, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the Crt this,, 14th day of December , 2007. 4 , , a' '; City Clerk cseal), { k } h g • _i, /;.:17,1 rC .n.11 , h • . 111111' Doc No 4464904 01/28/2008 12:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TransID 370522 Deputy 55 New cert Cert Fees 1184517 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total • F Vim/ A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 78-1116(a)(8) FILE NO. #07-3327 f. �