HomeMy WebLinkAboutResolution 3342r
O
1404,
CITY of ORONO
RESOLMON OF THE CITY COUNCIL
NO
A RESOLUTION GRAIN TLNNG
VARIANCES TO
,NIUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 (B) AND 2
FILE #1867
WHEREAS, James R. Jundt and 1l. Joann Jundt (hereinafter "the applicants")
are owners of the property located at 1300 Bracketts Point Road within the City of Orono
(hereinafter "City") and legally described as follows:
Refer to Exhibit A attached hereto (hereinafter "the property"), and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Sub6ivisions 1 (B) and 2 to permit construction of an access stair
with landing deck to be located 2' from the shoreline where a 75' setback would be required and
resulting in an increase of 245.5 s. f. of hardcover where 721 s. f. or .55 % exists and where total
hardcover is now proposed at 966.5 s.f. or .74% where no such hardcover is allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FLYDV4GS
I. This application was reviewed as Zoning File #1867.
2. The property is located in the LR -1A, Zoning Dis:,ict requiring 2 acres in area.
The property consists of 13.8 acres.
3. The Orono Planning Commission revit-wed this application on September 20,
1993, and recommended approval of the variances as proposed based upon the
following findings:
Page 1 of 5
CITY of ORONO
RESOLLTION OF THE CITY COUNCIL
NO.
A. 131.5 s.f. of new hardcover results from access stairs allowed for
lakeshore properties with steep banks per Section 10.56, Subdivision 16
(F). 114 s.f. of new hardcover results with the installation of the lakeside
deck.
B. The lakeside deck will not be used for recreation or entertainment but will
serve as a storage area for dock sections during winter months, house an
irrigation structure and a 6' light post for safety and security purposes.
C. Entire property has over 1,600 lineal feet of shoreline. The east shoreline
with 620 lineal feet has steep lakeshore banks requiring an access stairs.
4. 1The 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 property; would not merely
serve as a convenience to the applicants, 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.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit
construction of an access stair, 4'x4' landing at the lakeside of stairs, 6'x4' irrigation structure
and a light post at the landing deck resulting in 896.5 s.f. or .60`70 hardcover in the 0-75'
setback area and a setback variance for landing deck that will be located 2' from the shoreline,
subject to the following conditions:
Page 2 of 5
IN sxy yr Ow
CITY of ORONO
RESOLLMON OF THE CITY COUNCIL.
NO.
Applicants or applicants' representatives shall obtain permit from the LMCD for
installing a new dock at the shoreline. Such dock must meet not only required
setbacks from the side lot line from land but must also meet the required setback
from extended lot lines into lak-
2. The proposed light fixture shall be subject to the standards set forth in Section
10.60, Subdivision 8 whereby lights must be shielded downward and that light
beams cannot be detected at the lot line. Light beams must be directed away
from residential properties.
Applicants are hereby placed on notice that all existing structures in the 0-75'
setback area are considered nonconforming and subject to all pertinent sections
of the nonconforming sections of the code. Any structural repairs to these
structures must be approved by the City.
4. Authorities granted by this variance run with the property not with the applicants,
but are permissive only and must be exercised by application for a building
permit within one year of the date of Council approval, or this variance will
expire on that date (October 11, 1994).
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.
6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the
property.
Page 3 of 5
IwM>.n..
F.1W0 *16
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _--
Adopted by the Orono City Council on this 11th day of October, 1993.
thy . H lin, City Clerk
U
�
Prdperty Owner(s)
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
4EdwardJ. C. ahan. Jr.. -Mayvgr"'—
The foregoing instrument was acknowledged before me on this 11th day of
October, 1993, by Edward J. Callahan, Jr. & Dorothy ;Vt. Hallin, Mayor & City Clerk of the
City -)f Orono, a Minnesota municipal corporation and said instrument was executed on behalf
of the City.
LINDA
ILE
NOTARY PU9UC •MINNESOTA
c.. HENNEPIN COUNTY
My conrN7i10n Wires 612.96
Page 4of5
/
Notary Public
r..r. "a.
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
On this �•� day of -f 199: before me a Notary
Public within and for said county,personal- appeared—�.- t
known to me to be the person(s) desc_j ed in and who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
NOTARY Pc6l:c-m:m STA
MEMEPIN COUNTY
'
my Comm. EIPPM 12-1997
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
�- II
On this 'S day of - Y, , 199 bef a Not
Public within and for said county, personally appeared
known to me to be the p sons) described ind who executed
the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
JEAN D. SCANLON
WW 11ftK MP04 TA
W OOIMiMSNON ExMIES
JANUARY 31, 3000 1 , '2
NOTARY PUBLIC
Page 5 of 5
F-= 64a-
CITY of ORONO
RESOI.LMON OF THE CITY COUNCIL
Exhibit A
L :rTC:^ :jf P'••
NO
Lots : and i, Rearrar4tmtnt of Orono Point:
Also: that vert of Late 9 and 10, Rnarrangecent of Oron. Pont and
L11e &L L0tiviu t1,e,aLv I Y I ,d Glu -h6C1Y and ;matt' 1Y %� tts f:.11aw
Int deacrit,td lint: Camaencing at a prAnt in the ctnterline r.f
Center Avenue 599.95 feet northerly from the horthweet!r1Y tuner
rA Ltit ' , hearrwement of Orono int; thent�e a ut.-, , along
P
shit: centerline a distance of 5 1e4t; then! aouthw!tterly On a
tangential curve to the right with a radius of 221.17 lett a die-
tance of 169.38 feet; tnenae eouthwesttirly tangent to Ltid 16.et
described curve a dietar►ce of 5 feet; thench eGuthweettrly On e
twwtntthl nurvt to the richt a radius of 44'j.72 feet a dlatar,;t
o! 119.25 ieet; thence southwesterly tangent to aald i&at dt-
e,:rit?td clirvt h 41et&nce of 107.3 feet: thar.:,e westerly making an
er.ale of 44 degrees 42 minutbs to tht right a dlatar,ce of 19.3
feet to the score of Lake MinnetorM and there tecninaticg; eub-
,?act to Border Avenue as Opened fly EK#ment rvi. 2092995:
Aleo that part of vacated Center Avenue as said Censer Averr,:e was
dedicated to the Wblic in the plat fit Mtrrengtxent of riz-ono
point. lying southerly of the westerly e7ttenalon of the northerly
11ne of Lot 4, said Ratrrangewnt of cervi c,int and nrirtherly of
a lir.t drawn wbeteriv perpendicular to the west lire e.1 said Let 4
from a v)irt on said west lisle dietart 162.29 feat northerly Srae
the aow hleet corner of said Lnt 4. hlso teat pars of the westerly
ra1f of vacated Center Avenue lying southerly of ea.1d hbuve do-
ecritr►d tsr.•+ndi.ulhr line; and 4180 %Mt i.e.rt of the weeterly
hnif of va:ated Gsnttr P.venue 1yirg northerly of tele w,�etorly ex-
tension of the northerly lire of said Lot 4 and lylna ar,uthtrly of
e line drawn eaaterly at right angles rto elle westerly 11re O: said
vacated Center Avenue from the point of irteraertion of said west-
erly line with a line drawn 10 f+tit easterly of tht following de-
scribed line: Commenoing at a point in thb centerline Of Bald Cbn-
ter Avenue distant 588.95 Lett northerly from the northwesterly
corner of aald Lot 5: thence southerly along said centerlins a
distance of 5 feet to the point of btginninz o1 the litre being de-
scribed; thence aouthw•eterlY along a tangential curve to the
right with a radius of 221.17 feet a dist&=t of 169.38 feet, and
said line thert ending.
o
O CITY of ORONO
' RESOLUTION OF THE CITY COUNCIL
NO. '
�G
Also
That part of vacated Border Avenue as laid out and deaicated over
and across part of Lot 9 in said Rearranaement of Orono Point
which lies between the westerly line of acid Center Avenue and a
line drawn drawn acroas said Border Avenue apt right angles to the
aide lines of said Border Avenue from the point of intersection of
the centerline of said Border Avenue with a line deecrlbed ao fol-
lows: Beairhins at a point in the eenterlire of said linter Av-
enue distant 588.95 feet northerly of the northwest corner of said
Lot 5: thence southerly alone the centerline of said linter Avenuei
s distance of 5 feet; thence southerly and southwesterly along a
tansential curve to the rich: with a radius of '2121.17 feet a die -
Lance of 169.38 feet: thence southwesterly tangent to last Bald
curve a distance of 5 feet: thence southwesterly along a tansen-
tial curve tc the right with a radius of 440.72 feet a distance of
119.25 feet: thence southwesterly tangent to last said curve a
distance of 107.30 feet; thence southwesterly alon& a tangential
curve to the left with a radius of 56 feet a distance of 19.7
feet: thence southerly tangent to last said curve a distance of
6.8 feet; thence southerly along a tangential curve to the left
with a radius of 169.7 feet a distance of 53.9 feet; thence scuth-
erly tangent to last described curve a distance of 20.5 feet:
thence eoutherly on a tangential curve to the left with a radius
of 78.1 feet to its intersection with the centerline of said Bor-
�tr Avenue. end earl line the" ending.
..Wne.31—