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HomeMy WebLinkAboutResolution 7152 11111 11111 1111111 1111 I H LAND TYPE Torrens (T) DOC NUM 5783508 Certified, filed and/or recorded on Dec 21, 2020 3:09 PM Office of the Registrar of Titles Hennepin County, Minnesota Martin McCormick, Registrar of Titles Mark Chapin, County Auditor and Treasurer Deputy 59 Pkg ID 2135923E Document Recording Fee $46.00 Multiple Certificates Affected Fee $20.00 Document Total $66.00 Existing Certs 1506259, 1506839 This cover sheet is now a permanent part of the recorded document. *A114CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A 7152��' NO. &ESHOR" A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-1118(3) FILE NO. LA20-000072 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 LA20-000072. 2. The City Council reviewed this application at a public hearing held on December 7, 2020 and approved 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. 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. Page 1 of 3 �O.Aje.‘ CITY OF ORONO RESOLUTION OF THE CITY COUNCIL c.1 NO. 71 52 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. 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. Page 2 of 3 �o�o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL A F 52 ��&ESHOR�G NO. 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 7th day of December, 2020. ATTEST: / / \ 1 tAir ' Anna Carlson, City Clerk Dennis Walsh,Mayor Page 3 of 3 PROPOSED DOCK LOCATION EXHIBIT 7 1 5 2 Lot 1, Block 1, IVY PLACE SECOND ADDRION City of Orono, Hennepin County, Minnesota P \ G^4�L \\ �\„0 L`� ye?\� LOT 1 `-1- ' t'-, �. •--I ,./ \ �� \ •e° Q� Jam/ - �., \a9P �,_ \\ ��G BLOCK 1:--'--",-,,'-_ --- --.-- r �- `� r7 _ O°C: •k \i- ,;d�P"t \• \\ ��•\ \IVY PLACE 1 / � t � � sou'e� \�� \ i I�-- \\ ADD O �, \�_- . ti , , 1 \ .., s \1 \ r'c' .� Nvt , - i \/- • •rye \ <. / i i / / —�� v \ © aI t t �\/ /co..- ; ' i I "` \ / /0 c+�� / cs j/ /� ,, / K 0 / • bP , 3 cQf / Z . w` �` / ,, n o ami_ /I �c'0F ��� • `� O�W / �� ./ < A I lea O t � /� / / mss \ v ) < t \ ,o ,. '0. � 8 ., /• / / <a \ \ v r - O°G ti. \� /r• \\� i I / ° ( \-/ ti: O°o�" �` S ,, / 1 G 1 < ,G`�G s _ I I y ° „.4).. \ / 10 -' t / f- - - iX • / A t - ) f 6° < doe of / �f— —_— 1 < ! 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S at OP i l''''''''''iliiiiiSite G R CO U P 0 0 120 4931 W.35TH ST.SUITE 200 IMMUNIONNiiii ST.LOUIS PARK,MN 55416 CivilSiteGroup.com SCALE IN FEET Project No. 17059.06 SHEET 2 OF 2 PROPOSED DOCK LOCATION EXHIBIT 7 1 5 2 Lot 1, Block 1, IVY PLACE SECOND ADDITION City of Orono, Hennepin County, Minnesota ,\ \ - / sG, \ V/ S/ F� \\ `y \ o�\,o�(� ff/\. LOT 1 A '' I ,' \\ �,� \ \fie.ck \' cJ/ , .' F, '' ' ' ' o °° BLOCK 1� `--",,,'-_ --- ,--\ „, - ' , r I \ a9 I \ P i s �,°�° < °� ��o � r '' ' o ° \ ` \IVY PLACE ' , roho \ \ l i � / sX � \ \ / °0 N V,$) , \ COND ADD . L9 \\ �. - s \No1 \ \ iti`r \ I�7 \\ \ .° F4 \ "--' \ \ '\ � I �` \ ' i� _ ` �_ AV - v, // / ///,„.-- ,.''' / / ) .1 1 .,., - i I 'C \ / 7 e acef 1�� ' : - h' o v_ // aye Q<°Q \( Ate '„, `` / o //v)v.• <�v . I c _ ) o •�`L / e -- ,1 5e ° • � // .,,.,/', 7 / / v�a� <y�J < `� A ^ c9 Sr y / / / to \ Doo N„°�i�o \\ /•\ 1 ' / I / ° ( `—I I, 0090`\\ • \ I 1 "-1 <�/ 1 20 G4. `\\ s' / - /0 • • i / ( s i- '�/ • �0 eo`u'�F`° Edge of / , i 1 <i - e.....,‘\-1 q G 8 s0 Water �/ /---__, i \ \ S'5o1y(a9d'Z 0„X ____ -' i' / I\ \I \ ( \\ f Y '20,) 0,,,�/j0 - , - - t y 1 \ , < l \ i/ 1 A 0, / / r\ ) I^\ <-' ,. /( 471 /‘ / \ 1 < , \ t,' / \ _ \' V / \ \_/I \ \ / • NOTE: 'Pa / 0 PROPOSED DOCK LOCATION, DIMENSIONS �°so°or ff 0 AND SETBACK LINES ARE SHOWN PER oG o1._ PERMANENT DOCK SITE PLAN PROVIDED ''� c-)0 c3) \ TO US ON 9/28/20 `-;,'r ' -X A -,, 20 63” — '1 ` '` Ii r 1 !--- I MINNESOTA CERTIFICATION N o ..;;;. I hereby certify that this survey,plan or report was prepared by me or under my direct supervision and that I 99■■ am a duly Licensed Land Surveyor under the laws of the .i � S i t e State of Minneso- G R 0 U P Dated thi : of October,2020 0 0 60 4931 W.35TH ST.SUITE 200 ST. LOUIS PARK,MN 55416 � CivilSiteGroup.com Rory .Synsteli Minnesota License No.44565 SCALE IN FEET Project No. 17059.06 SHEET 1 OF 2