HomeMy WebLinkAboutResolution 7311 0 in mill II
LAND TYPE Abstract (A)
DOC NUM 11182465
Certified, filed and/or recorded on
Feb 16, 2023 4:17 PM
Office of the County Recorder
Hennepin County, Minnesota
Amber Bougie, County Recorder
Daniel Rogan, County Auditor and Treasurer
Deputy 170 Pkg ID 2538781E
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
AW1V CITY OF ORONO
0 RESOLUTION OF THE CITY COUNCILl �. NO. 7311
A RESOLUTION APPROVING
A CONDITIONAL USE PERMIT
PURSUANT TO
MUNICIPAL ZONING CODE
SECTIONS 78-916 AND 78-1117
FILE NO. LA22-000042
WHEREAS, on August 2, 2022, Shawn Wischmeier (hereinafter the "Applicant"),
applied for a conditional use permit pursuant to the City Code for the property addressed 540 Big
Island and legally described as:
Lots 1 to 10 inclusive including the adjoining vacated Elm Street and Maple Place,
also including the adjoining half of vacated Linden Street, all in Kate B. Plummer's
Subdivision of Lot 2, Kitchel's Subdivision of Government Lots 5 & 7, Section 22, Township
117 North, Range 23 West, Hennepin County, Minnesota (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 78-1117 to allow placement of a
permanent dock within the floodway; and
WHEREAS, on October 17, 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 October 17, 2022, the Planning Commission recommended
approval of the conditional use permit; and
WHEREAS, on November 14, 2022, the City Council reviewed the application and
the recommendations of the Planning Commission and City staff; and
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 #LA22-000042. The analysis contained
within staff memos and the exhibits attached to the aforesaid memos, all minutes from the
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W CITY OF ORONO
0 RESOLUTION OF THE CITY COUNCIL
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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 RS Seasonal Recreational Zoning District.
3. Applicant has applied for the following:
a. Conditional use permit for placement of a structure within the floodway.
4. 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
use 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:
On the basis of the application and the evidence submitted, the city finds that the proposed use
at the proposed location is or will be:
1) Consistent with the community management plan; Docks are anticipated
accessory uses on lakeshore residential properties. This criterion is met.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; Docks are listed as allowed
accessory uses in residential zoning districts. This criterion is met.
3) Adequately served by police, fire, roads, and stormwater management. This criterion
is met.
4) Provided with an adequate water supply and sewage disposal system; Not
applicable.
5) Not expected to generate excessive demand for public services at public cost; The
permanent dock is not expected to generate an excessive demand for public
services. This criterion is met.
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 general area, there is no proposed change of use. This criterion is met.
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‘1-U A CITY OF ORONO
O RESOLUTION OF THE CITY COUNCIL
NO. 7311
4'ESHQR�
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; No change is proposed in the
Comprehensive Plan. This criterion is met.
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;
There are other seasonal and permanent docks in the general area, there is no
proposed change of use. This criterion is met.
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 proposed
permanent dock is not expected to impair property values or impact permitted
uses in the area. This criterion is met.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; By the nature of the dock it will project
from the shore into the lake as permitted by the LMCD. This criterion is met.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; This criterion is
met.
12) Not cause excessive non-residential traffic on residential st
reets,teal st eets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; This residential dock on a single family property is not expected
to generate excessive traffic or be an inconvenience to adjoining properties.
This criterion is met.
13) Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; By the nature of the dock it will project from
the shore into the lake as permitted by the LMCD. This criterion is met.
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; The applicant will be
informed of this requirement; and
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-cLQ.N CITY OF ORONO
ItO RESOLUTION OF THE CITY COUNCIL
iN)111L4' NO. 731 1
4kESHos"
15) Not detrimental to the public health, public safety, or general welfare. This criterion
is met.
Additional standards for floodway conditional uses (City Code Section 78-1119). A
conditional use must not cause any increase in the stage of the one percent chance or
regional flood or cause an increase in flood damages in the reach or reaches affected.
Accessory structures, as identified in City Code Section 78-1118(1), may be permitted,
provided that:
16)Structures are not intended for human habitation;
17)Structures will have a low flood damage potential;
18)Structures will be constructed an placed so as to offer a minimal obstruction to the
flow of flood waters;
19)Service utilities, such as electrical and heating equipment, within these structures
must be elevated to or above the regulatory flood protection elevation or properly
floodproofed;
20)Structures must be elevated on fill or structurally dry floodproofed in accordance with
the FP1 or FP2 floodproofing classifications in the state building code. All floodproofed
structures must be adequately anchored to prevent flotation, collapse or lateral
movement and designed to equalize hydrostatic flood forces on exterior walls.
21)As an alternative, an accessory structure may be internally/wet floodproofed to the
FP3 or FP4 floodproofing classifications in the state building code, provided the
accessory structure constitutes a minimal investment and does not exceed 576
square feet in size. Designs for meeting this requirement must either be certified by a
registered professional engineer or meet or exceed the following criteria:
a. To allow for the equalization of hydrostatic pressure, there must be a minimum
of two "automatic" openings in the outside walls of the structure, with a total
net area of not less than one eve square inch for square foot of enclosed
q every q
area subject to flooding; and
b. There must be openings on at least two sides of the structure and the bottom
of all openings must be no higher than one foot above the lowest adjacent
grade to the structure. Using human intervention to open a garage door prior
to flooding will not satisfy this requirement for automatic openings.
22)Structural works for flood control that will change the course, current or cross section
of protected wetlands or public waters are subject to the provisions of Minn. Stat. §
103G.245.
23)A levee, dike or floodwall constructed in the floodway must not cause an increase to
the one percent chance or regional flood. The technical analysis must assume equal
conveyance or storage loss on both sides of a stream.
24)Floodway developments must not adversely affect the hydraulic capacity of the
channel and adjoining floodplain of any tributary watercourse or drainage system.
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sILQAr CITY NO. 7 OF311 ORONO
RESOLUTION OF THE CITY COUNCIL
Additionally, a CUP shall remain in effect as long as the conditions imposed by the City
Council are observed, but nothing in this section shall prevent the city from enacting or
amending official controls to change the status of conditional uses.
CONCLUSIONS, ORDER AND CONDITIONS:
Based upon one or more of the above findings, the Orono City Council hereby grants a
conditional use permit to Orono Municipal Zoning Code Section 78-1117 and 78-916 to allow a
permanent dock to be installed within the floodway, subject to the following conditions:
1. Council approval is based on the entire record, above Findings.
2. The approved project shall conform to the survey dated 08/10/2022 submitted by the
Applicant and annotated by City staff, attached to this Resolution as Exhibit A.
3. The dock may 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; and
4. The dock is not to be used for commercial or rented.
purposes
5. A building permit is required for the installation of the permanent dock.
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 Applicant, but are
permissive only and must be exercised by obtaining a permit for the new construction and
commencing construction of said project. A permit must be obtained within one year of
the date of Council approval, or the variance will expire on that date (November 14, 2023).
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 14th day of November, 2022.
ATTEST: CITY OF ORONO:
nna Carlson, City Clerk Dennis Walsh, Mayor
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sLQ.NT CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 7 311
11101E:etc)
4.
---- ----s.)------------ 'Wf 1 -7,AtI YVVX.
Shawn Wischmeier Kelly Wischmeier
STATE OF MINNESOTA
COUNTY OF HENNEPIN
0.b2_3
This instrument was acknowledged before me this 10 day of Pe. )YuAn , 2.9--2; by
Shawn Wischmeier, husband of Kelly Wischmeier.
Notary Public
`'° ALICIA A JOHNSON
,,,w°: _ NOTARY PUBLIC-MINNESOTA
'il:,, ` MY COMMISSION EXPIRES 01/31/25
STATE OF MINNESOTA - \
COUNTY OF HENNEPIN
2022
This instrument was acknowledged before me this 10 day of 6 ruq, , 2022, by
Kelly Wischmeier, wife of Shawn Wischmeier.
.
Zet.e. 00e,9aV"t51-)A7
Notary Public
t*:44.'-',`• ALICIAAJOHNSON6 1NOTARYPUBLIC-MINNESOTA 'i
•,.�� MY COMMISSION EXPIRES 01131125
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REVISIONS
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&1230 SHORELINE nDtlOSEEO PER L.�DEDPsnots
RDOMS DOOK9 10 °�'M1a11h�e" GRONBERG &ASSOCIATES, INC.
9-¢31 SED PROPoSE�OOOKS re atluLi`xN Ltl Surveyoruntler
T-2— REVIED UNE -M ELEv.s = CIVIL ENGINEERS, LAND SURVEYORS, LAND PLANNERS
SED PROPOSED OOCK
PROPOSEDHI—DELI- c o �. -��.. zz-I a 445 N. WILLOW DRIVE LONG LAKE, MN 55356
PHONE: 952-473-4141 FAX: 952.473-4435
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