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Home My WebLink AboutResolution 7249 1111 LAND TYPE Torrens (T) DOC NUM 5974925 Certified, filed and/or recorded on Sep 26, 2022 9:21 AM Office of the Registrar of Titles Hennepin County, Minnesota Amber Bougie, Registrar of Titles Daniel Rogan, County Auditor and Treasurer Deputy 175 Pkg ID 2495286E Document Recording Fee $46.00 Document Total $46.00 Existing Certs 1511098 This cover sheet is now a permanent part of the recorded document. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7249 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-1118(3) FILE NO. LA21-000071 WHEREAS, on November 20, 2021, Paul Taunton ("Applicant"), applied for a conditional use permit from the City Code for the property addressed 3600 Ivy Place and legally described as: Lot 2, Block 1 Ivy Place (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit to Orono Municipal Zoning Code Section 78-1118 to allow for construction of a permanent dock extending into the floodplain; and WHEREAS, on January 18, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on January 18, 2022, the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on February 14, 2022, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested conditional use permit as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA2 l-000071. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1 C Zoning District. 3. The property is conforming to size and width. CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7249 4. Applicant has applied for a conditional use permit to allow construction of a permanent dock in the floodplain 5. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed conditional use pennit upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. CONDITIONAL USE PERMIT ANALYSIS: 1. Consistent with the community management plan; The property is guided and will continue to be used for residential purposes. 2. 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. 3. Adequately served by police, fire, roads, and stonnwater management; The proposed dock is not expected to increase needs for these services 4. Provided with an adequate water supply and sewage disposal system; The proposed dock will not increase need for water or sanitary sewer services. 5. Not expected to generate excessive demand for pub! ic services at public cost; The proposed dock will not increase demand of these services. 6. Compatible with the surrounding area as the area is used both presently and as it is planned to be used in the future; There are other seasonal and permanent docks in the area, there is no proposed change of use. This criterion is met. 7. 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. 8. 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. 9. 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 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCTI., NO. 7249 the use and enjoyment of property in the area, provided the dock does not impact an established channel into the lake. The LMCD also reviews preservation of the channel. 10. Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; No screening is proposed or recommended. 11. 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. 12. 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. 13. 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. 14. 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; 15. Not detrimental to the public health, public safety, or general welfare. The dock is not expected to introduce hazards. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1118 to allow for construction of a permanent dock extending into the floorplain, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. All requirements of the DNR, Lake Minnetonka Conservation District, and the Watershed District shall be followed. 3. The approved project shall follow the submitted plans depicted on the attached Exhibit A 4. The project shall not impact or interfere with the existing sewer and city utilities. 5. The path through the shore land restoration easement be no wider than 4 feet. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7249 6. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 7. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only. A permit must be obtained by February 14, 2023. 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. 8. Violation of or non-compliance with any of the terms and conditions of this resolution may result in the termination of any authority granted herein. ADOPTED by the Orono City Council on this 14 th day of February 2022. a£_ 0CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh, Mayor 4 PROPOSED DOCK LOCATION EXHIBIT MINNESOTA CERTIFICATION \ I I I I I hereby certify that this survey, plan or report was prepared by me . or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. NOTE: Proposed dock location and dimensions are shown per dock location and dock sketch provided to us on December 29, 2021 and updated per a sketch provided to us on January 25, 2022. G R 0 II CATCH BASIN • CSBEEHIVE IE] ELECTRIC BOX "Cf HYDRANT u 4931 W. 35TH ST. SUITE 200 ST. LOUIS PARK, MN 55416 CivilSiteGroup.com 0 40 ,----p SCALE IN FEET 80 Paul Taunton via Tim Latterner of Dock and Lift, 3600 Ivy Place, Orono I Permanent Dock Permit Application For illustrative purposes only. Approximate overlay of site plan features done by LMCD staff Source: Google Maps, 01/26/2022. Aerial imagery may not depict current conditions. PROPOSED DOCK LOCATION EXHIBIT MINNESOTA CERTIFICATION \ I I I I I hereby certify that this survey, plan or report was prepared by me . or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. NOTE: Proposed dock location and dimensions are shown per dock location and dock sketch provided to us on December 29, 2021 and updated per a sketch provided to us on January 25, 2022. G R 0 II CATCH BASIN • CSBEEHIVE IE] ELECTRIC BOX "Cf HYDRANT u 4931 W. 35TH ST. SUITE 200 ST. LOUIS PARK, MN 55416 CivilSiteGroup.com 0 40 ,----p SCALE IN FEET 80