HomeMy WebLinkAbout#2802 - CUP - 1990 , ..
_ . . . . . _
. � _ . _ .. _ _ _. .
T . . . _ - _ --- . _ . . . - - --
_. , -.___ . _ _ . . -. _ _
- : .Y �t o�e or�,oNo
c
�
_ RESOLUTION OF THE CITY COUNCIL
' NO. 2 80 2
- � - • �
A RSSOLIITION GRANTING
A CONDITIONAL DSE PSRMIT PER
MIINItrIPAL ZONING CODB
SECTION 10.31, SIIBDIVISION 3 (D) AND
A VARIANC$ TO
SECTION 10.31, SDBDIVISION 11
FILB #1518
WHER$AS , Alan Wisdorf , Chairman of the Board of
Governors , Big Island Veterans ' Camp (hereinafter "the
applicant") has an interest in the property located on Big Island
per Orono Classification Record Lot �1 within the City of Orono
(hereinafter "City") and legally described as follows:
See Exhibit A, attached (hereinafter "the property") ; and
wHEREAS, the applicant has applied to the City of Orono
for a conditional use permit to allow construction of 5 cabins
within the existing overnight camp area to remain at a 30 camp
unit level and a variance to Section 10.31, Subdivision 11 that
would reauire block type construction for foundations instead of
the pier foundations as proposed.
NOW, THER$FORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File �1518
2. The property is located in the RS Seasonal Recreational
Zoning District. Per Section 10.31 , Subdivision 3 (D) , the
current recreational use level of the facility will require
the following area allowances:
25 tent camp sites require 12. 5 acres
5 cabins require 5 acres
day recreation use at 240 user level requires 12 acres
TOTAL AREA REQUIRED = 29.5 acres
Existing Acreage = 57 acres
3. On April 16, 1990 the Orono Planning Commission reviewed
the app li�cation as proposed and recommended approval based
on the following' findings:
Page 1 of 5
• . � - . ' - .
� _ .
cit� o�e oR,oNo
RESOLUTION OF THE CITY COUNCIL
• NO. 2802
• - • •
A) The 57+ acre site is large enough to support a day
use recreation area and overnight camping use as
amended without any adverse effect upon the lake or
upon the adjacent wetlands that are located within the
subject property.
B) The proposed use will have no negative impact upon
the neighboring property.
C) Based upon the proposed level of use, the fire
protection system developed by staff and applicant will
continue to provide the necessary precaution in
maintaining the public safety and welfare.
D) The proposed use will require no variances to the
required standards set forth in Section 10 .31 ,
Subdivision 3 (D) for overnight camping use. •
E) The City continues to receive no negative comments
from the permanent or seasonal residents of Big Island
since the camp reopened in 1988 for day recreation use.
F) Pier foundation proposed with the construction of
the 5 cabins is consistent with previously approved
repairs to foundations of existing cabins at camp in
1987 and 1988.
4 . The City Counci 1 finds that the conditions existing on
this property are peculiar to it and do not apply generally
�o other property in this zoning district; that granting the
variance would not adverseZy affect 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 Comprehensi ve Plan
of the City.
5. The City Counci 1 f inds that granting a conditiona 1 use
permit for the construction of 5 cabins 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 it depreciate surrounding property values and that the
proposed �evel of use of the property wi11 be in keeping
with the intent�- and objectives of the Zoning Code and
Comprehensive Plan of the City.
Page 2 of 5
c�t o� oR,oNo
�
RESOLUTION OF THE CITY COUNCIL
� NO. 2802
• - � •
The City Council has considered this application
including the findings and .recommendation of the Planning
Commission, reports by staff and comments of the applicant
and the affect of the proposed use on the health, safety and
welfare of the community.
CONCLIISIONS, 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 Sections 10.31, Subdivision 3 (D) to permit the
construction of 5 cabins as an expansion of overnight camp use at
Big Island Veterans' Camp, Record Lot ;1, and approves a variance
that would allow the construction of pier foundations for each
proposed cabin where block foundations are required,
subject to the following conditions: •
1. Applicant to apply for a joint use dock license from the
City of Orono for the 1°90 season.
2. All low lying shrubs and trees to be trimmed within 100'
of the defined camp site area. This area to be maintained
in same manner throughout overnight camping season.
3. All 11 remaining buildings to remain secured as directed
by the Orono Building Inspection Department.
4. Al1 designated f ire stations to be ready for use for the
1990 season as shown on Big Island Site Plan for Overnight
Camping, dated Apri 1 5, 1989, and made part of the official
record in the approval of Resolution �2613. Applicant to
arrange for an inspection by the Orono staff to insure
compliance.
5. Any changes in signage for the 1990 season must be
approved by staff. No signage area can exceed 50 s.f.
6. Appropriate signage must be provided within each cabin
detering the use of "out door" stoves within interior of
cabin.
7 . No internal plumbing has been approved for the 5 cabins.
8. The City does not recognize the 5 cabins as accessible
to the handicapped.
--- Page 3 of 5
� cit� o�e or�,oNo
RESOLUTION OF THE CtTY COUNCIL
• NO. 2 80 2
• - • •
. 11 cabins shall meet the appropriate and applicable .
minimum requirements of Section 10.31, Subdivision 11. This
would include smoke detectors in all bedroom areas and fire
extinguishers per standards set forth in that same section.
10. Applicant is hereby advised that if at any time the
existing septic facilities are determined to be insufficient
or failing upon the regular inspection by the Orono staff,
that all or partial overnight camp use shall cease
immediately. Ove=night camping at the 5 cabin/25 tent and
recreational day use shall not be reopened for public use
until applicant has installed adequate septic treatment
facilities to support sewage needs of the full camp use.
11. Authorities granted by this resolution run with the
property not with the applicant, but are permissive on ly and
must be exercised by application for a building permit for
the retaining walls within one year of the date of Council
approval, or the special conditions of this resolution will
expire on that date (May 14, 1991).
12. 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.
13. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of the Board of Governors of Big Island Veterans' Camp,
their 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 14th day of
May, 1990.
ATT T:
r
. , _ -
Dorothy allin, City Cler � Jam�s R. Grabek, a ori
� ����
Property Ow s
Page 4 of 5
Clt� o� OROI�O
RESOLUTION OF THE CITY COUNCIL
� NO. 2802
• - � •
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 14th day of May, 1990 , by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
� �� �'
� '�-c'/J/� � ��L��=1.[�'_'
- THERESA L. NAAB Notary Public `�
,�' s NOTARY PUBUC - MINNES07A
�� �,,►,t+E"�"�o"�"� a
i��-�a
My Commission Expires
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this "7 � day of ' . �� __► 199 �,'
before me a Notary Public within and fa,r said county, person lZy
appeared � /� � /' � i� / �» f� c ' D✓S
on behalf of the Boar�� o Governors Bi Island Veteraris ' Camp,
known to me to be the person(s) described in and who executed the
foregoing instrument, and acknowledged thaL he (they) executed
the same as his (their) free act and deed.
��
��� "/���
� THERESA L NAAB NOTARY PUBLIC
r. NOTARY PUBUC- MINNESOTA
�,: HENNEPIN COUNTY
Ntp Commisalon a�irw 9-8-92
D_�'-��
MY COMMISSION EXPIRES
_ Page 5 of 5
.er '. ' "
�.n._w�::� . � . � .
,.-„--.
- RE�CILUTION #2802
:,,,r=.*^— r -- --- —--- -- ——--.—
- Zoning File �138�
-- _. ' EXHIBIT A
1) Section Fourteen (14� ► TO�"��ent Lot Two d�2�a
Government Lot One ( � Three (23): and Gover
Seventeen (117), Range Twen�Ya �at Pa=t of Government I.ot Three (3) .
Section TwentY-Three (23�• at the Northeast cosner of said
three (23) . commencing Three ( 23 ) ; thence
Section TwentY' Section Twenty-
Government Lot Three ( 3 � ► Thence
South
westerly along the lake shore t fe te to°Za}cea Minne onka;f Lot ►
Morse Island Park; Thence Sosth 350 0� be inning (hereinafter "the
alon tne shore o� Lake �:innetoeka to �he East lir.e of said Lo
East J
Three (3 ) ; thence No��h to the plac
R�
property ; an