HomeMy WebLinkAboutRes 3273 AlvOiti CITY of ORONO
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19
AND A VARIANCE TO
SECTION 10.55, SUBDIVISION 8
FILE NO. 1807
WHEREAS, Susan Marie Sumey (hereinafter the "applicant") is the owner of the
property located at 1330 Cherry Place within the City of Orono (hereinafter "City") and legally
described as:
Lots 1 and 2, Block 11, Saga Hills Revised according to the recorded plat
thereof, Hennepin County, Minnesota (hereinafter "property"); and
WHEREAS, per Section 10.03, Subdivision 19 the applicant has made application
for a conditional use permit to permit land alterations in excess of 100 cubic yards and a
variance per Section 10.55, Subdivision 8 as proposed land alterations are located within the
lakeshore protected area where no such alterations are allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1807..
2. The property is located in the LR-1B Lakeshore Residential Zoning District
requiring one acre in area. The property consists of 27,930 s.f. or .64 acres.
3. The Orono Planning Commission reviewed the application on April 19, 1993 and
recommended unanimous approval of the proposed conditional use permit and
variance as set forth above and based approval on the following findings and
hardships: •
a. The lakeshore yard consists of steep bluffs/banks.
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RESOLUTION OF THE CITY COUNCIL
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b. Severe erosion of lakeshore bank.
c. Scouring action of waves along west bank of North Ann.
d. Severe erosion will eventually impact mature tree and structural
improvements within lakeshore yard if condition is not remedied.
e. The proposed land alterations within the lakeshore yard will not result in
additional hardcover.
f. All land alterations will be above the 929.4 elevation.
4. The Council finds that granting a conditional use permit to allow the land
alterations as set forth in the amended plan will not be detrimental to the health,
safety or general welfare of the public, would not adversely affect light, air nor
pose a fire hazard or other danger to neighboring properties, nor will its use
depreciate surrounding property values 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.
5. 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 would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properties; 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 to allow land
alterations within the lakeshore protected area.and grants a conditional use permit per Municipal
Zoning Code Section 10.03, Subdivision 9 as the land alterations involve land movements in
excess of 100 cubic yards. This approval is subject to the following conditions:
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Form 5005 Dist Oran
CvC).117' CITY of ORONO
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( RESOLUTION OF THE CITY COUNCIL
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1. Silt fence must be installed along the perimeter of the shoreline prior to any
construction to protect the lake from erosion.
2. Applicant shall file for the legal combination of Lots 1 and 2. This must be
completed before the City staff can issue a land alteration permit. Applicant's
contractor must obtain a land alteration permit before the work can begin.
3. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a land alteration
permit within one year of the date of Council approval or this
variance/conditional use permit will expire on that date (May 10, 1994).
4. 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.
5. The undersigned applicant has read, understood and hereby agree to the terms of
this resolution and on behalf of herself, her 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 this 10th day of May, 1993.
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Dorothy Mill lm, City Clerk Edward J. Callaha , Jr., Mayor
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Owner(s)
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 10th day of May,
1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
:40. CAROLE A. HASEMAN
NOTARY PUBLK.—MpVNE30TA ( �i'�-u/�.,,,:�`r %`�'4`.Z, HENNEPIN COUNTY 00,4,-„,,,
MY COMYIS,ICN EXPIRE-3 8-23.03 Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /D 54' day of /K--a-f� , 199 3 , before me a Notary Public
within and for said County,personally appeared , >2.7 /terr ,.,e'_
known to me to be the person(s) described in and who executed die foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L BOSMA
NOTARY PUBLIC-MINNESOTA
l '� HENNEPIN CCUN Y rj Public
(2491-1-c--.1. ' 4/.'26'-j-'-'c-- --
-13—.1 s• My Co w Was 12-19-97
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199 , before me a Notary Public
within and for said County,personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
• Notary Public
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