HomeMy WebLinkAboutResolution 340911?004� CITY of ORONO
O O
-r RESOLUTION OF THE CITY COUNCIL
NO. 3 4
7 K04.
A RESOLUTION GRANTING A VARIANCE
TO muNmCIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (B) AND 2
FILE NO. 1907
WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter "the applicants")
are the owners of the property located at 1400 Brackett's Point Road within the City of Orono
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, Subdivisions 1 (B) and 2 to permit the repair of two stone access
paths located within the east shoreline of the property where 21,312 s.f. or 16.35% hardcover
improvements exist and where applicant proposes the repair of existing improvements totaling
525 s.f. in area where excesses exist and where none is allowed.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1907.
2. The property is located in the LR-lA Lakeshore Residential Zoning District
requiring two acres in area. The property consists of 13.8 acres.
3. The Orono Planning Commission reviewed this application on March 21, 1994
and recommended approval of the variances as proposed based upon the following
findings:
A. Repairs involve 525 s.f. of existing hardcover improvements that will not
be expanded or result in an increase of hardcover.
B. The entire property has over 1600 lineal feet of shoreline. The east
shoreline with 620 lineal feet has steep lakeshore banks requiring an
access structure.
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1' O 4� CITY of ORONO
O t •+- , O RF.SOLITION OF THE CITY COUNCIL.
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C. Major portions of the stone step structures cannot be seen from the
lakeshore level and will be completely covered with full foliage.
4. The 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 variances would not adverseiy affect traffic conditions, light, air nor
pose a rre hazard or other danger to neighboring property; 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 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 applicant 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 findings noted above, the Orono City Council
hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions I (B) and 2 to
permit the repair of two existing stone access paths located in the lakeshore protected area where
excesses of hardcover exist and where no expansions are proposed, subject to the following
conditions:
Applicants shall obtain a building permit for the renovation of stone step
structures.
Appropriate erosion control shall be maintained during the period of time
groundcover remains in a disturbed state.
The boathouse and grotto strucrure located within the 0-75' setback area are
considered non -conforming and subject to all pertinent sections of the code that
govern non -conforming structures. Any structural repairs to these structures must
be approved by the City.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. _u A 02 )
4. Authorities granted by this resolution tun 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 (April 11, 1995).
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.
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 resolu.ion in the Chain of Title of the
property.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 11th day of April, 199-1.
A
Dorothy llin, City Clerk
� /V'C'—�74e
Ja s R. Jundt
operry Owner (s)
STATE OF MINNESOTA
Diward J. Callahan,,,IJr. , Mayor
M. Joartri Jundt �
ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 11th day of April,
1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
• NOTARY PUBLIC MiNNE50TA �Ofsnl Public
HENNEPIN COI INTY "'`"`��
TW w a.sw�.;- 6.13M
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41— to�E'8H0
STATE OF MINNESOTA
CITY of ORONO
HESMATION OF THE CITY COUNCIL
NO. 34C'3
) ss.
COUNTY OF HENNEPIN )
On this day of 199_ before me a Notary Public within
and forsaidcounry, personally appeared
known to me to be the person(s) described in and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �, day of 199 4 before me a Notary Public within
and for said county, personally peared -/�,,_
known to me to be the persons) described
An and who executed the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
JAMIE L. 60SMA
NOTMY ft%1C•MIhhE50TA
METPlEf1NCCUNTY 4
( Ay Cam Eta a 12-19-97
NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 5*-Lday of O --k-b 62Z 19 fo as Nota within
and for said county, personally appeared
known to me to be the person(s) descri in and who execut the foregoing instrument,and
acknowledged that he (they) executed the same as his (their) ree act and deed.
"•� JEAN D. SCANLON
" MOMUC YD04e10TA
AAT COMMISSION EX1110
,�•--1 JANUARY 71, 1000
NOTARfY UBLIC
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CITY of ORONO
RESOLLMO\ OF THE CITY COC'\CII.
EXHIBIT ,a
n:c(`7TDr�f fL c�;•rr,-c c11�=J: t..
Lnta `, and 6, f.,&rr&ngt=ent of Orono Point;
Alec: that past o: LrJts 9 en l 10. P.ea_ : erre=tn: of Orcno Point tnd
th4 fcllaw
Ing described lint: CL r.rrc:ng at a ao: i- rti ctrattrl: h of
Center Avenue 5ES.95 feet northerly !rco tht�Aorthwest'rly corner
of Lr,t t, kesrranv=ent of Or= FfArt :hertt southerly &long
s&id center'_int a distance of 5 feet; then- er�uthwteterlY cn a
tJut¢ential carve to the right with a rttilus 4f 2::.17 feet k d!s-
tance of 169..19 :drtt; thence aouthwesthrly tanzent to tail Last
deacrit,ed r:.:.^vt a distance of 5 feet: t.0knot afn::hweettrly on a
ttr.gtnt:al cur-. -e, to the ric:.: a rkdit, Of 445.72 :tt t a dlst'L"t
of 119.25 fttt; :hence tau:hwest_rly tr_-;:tnt try ea:d 1&:: 6"
errited curve & ri:att-rce of 107.3fee'.: •ht^..:t wtettrlY =sic -=Z L.
&Telt of 44 degre-e 42 Ci nu'tas to tht rim::S iiatbl.Ct of 79.
feet to tht share of Lake liiroetcr a tnd t`tre i :g; su:,-
:ec: L4 Forder Avenue ab open h' r':=ant rrJ. 20929'8;
Alao that part of vacated Chrter Avenue a: aa:ei Ginter Avtmae was
dedicated to the public in the :-t of P.earruYement of Orono
-lint, lylna scut:.nrlY of the weaterly e.:.tnaiOn Of 1-h0, northerly
lire of Loot 4. said Raarranjexnt Of rP—.—.o point and nnrthtrly Of
a lint dr •un wteter'Y pen--ndicultr to •ht west l_re of acid Lot 4
: cr:htrl
frca a ;.-Int on Bald wast 1!nE d! eta:.: 182.29 ftt : Y r r;!m
the eouthvtet Corntr of &aid Lct 4: t:^..t ,Par. cf •`t ueste-ly
itlf of vacated Center Avenue lyin; of et id kt,ove dt-
ecritJed ver-.y!rdiculkr lirb: a_td aleO the-- ;.-r*. of t,ve wtaterlY
half of vs.ated Center Avem:e lying northtrlY of the wraterly ex-
tension of the northerly lire of said int '4 and lyinc enuthorly of
is line drawn easterly at ria: t a=ngles ito trt Wtattriy .line of e.aid
acated Center Avenue fry the point of intersection of &aid wdat-
verly line with a 14—re d=awn 10 fest eas--er1Y of following Cie-
ecribed line: Co= rxi= at a Doint In tw- centerline o: aaid C6n-
ter Avenue distant 88.95 feet northerly frcm the northwesterly
earner of &hitt Lot 5: the=ca acutherly a'_orz said centerlinz a
distance of 5 feet to the pow_ o: btig'r iw of th+ lire being de-
scribed; thence aouthwaeterly along a ta:.gential curve to the
richt with a radius of 221.17 feet a diatt_ze Of 169.38 feet. a:.d
said lire there ending.