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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1282, 78-1286(b), AND 78-1288(a)
- FILE NO. 08-3344
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A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1282, 78-1286(b), AND 78-1288(a)
- FILE NO. 08-3344
WHEREAS, the City of Orono (hereinafter "Owner") is the owner of the property
located at 100 Big Island within the City of Orono (hereinafter the "City") and legally described as
follows:
See Exhibit A attached; also described as PINS Nos. 23-1 17-23 21 0001; 23-117-
23 22 0001; and 14-117-23 34 0001; all within Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the Owner has made application to the City for variances to Orono
Municipal Zoning Code Section 78-1282 to allow up to four concrete dock landing pads to be
constructed in excess of the 32 s.f. maximum area normally allowed within the 0-75' zone for
walkway landings; and a variance to Section 78-1286(b)to allow grading and filling ofmore than 10
cubic yards within 75' of the shoreline; and a variance to Section 78-1288(a) to allow hardcover of
approxiinately 1400 s.f. (0.25%) within the 0-75' lakeshore setback zone where no hardcover is
normally allowed; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2008 at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the Planning Commission on February 19, 2008 voted 7-0 to
recommend approval for the construction of two adjacent concrete pads and two docks, subject to
Staff recommendations, with vegetation being planted as deemed appropriate; and
WHEREAS, the City Council reviewed the application on February 25, 2008 and
directed staff to draft a resolution reflecting approval of the variances as requested for all four
concrete dock pads.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
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FINDINGS
L This application was reviewed as Zoning File #08-3344.
2. The property is located in the RS Seasonal Recreational Zoning District, in which
public parks are a Permitted Use and docks are an allowed Accessory Use. The
property is designated within the RS District as Conforming Record Lot No. 1
comprising a dry buildable area of approximately 44.5 acres. The �ross area of the
property is approximately 56.5 acres.
3. The Owner proposes to install four concrete dock pads, each nc exceed 10' x 20'
in dimension, connected by a sidewalk, comprising approxi� �ly 1,400 s.f. of
hardcover and structure within 75' of the shoreline. The concret. ads are necessary
to anchor the gangways for up to four floating docks. The intent is to provide a
suitable permanent landing area where the gangways from the proposed floating
docks will discharge passengers arriving on boats. The concrete pads will also
incorporate hardware necessary for the attachment of the gangway to the pads. The
docks are intended to be seasonal floating docks, and will be removed during the
winter season. This project also includes a series of 4'-6' sidewalks connecting the
four pads, as well as rip-rapping the shoreline in the area of the pads to eliminate the
potential for erosion and undermining of the pads.
4. The Owner purchased the property with the intent of preserving its availability for
public use as passive parkland and open space. The Minnehaha Creek Watershed
District partnered with the Owner in the purchase, and a conservation easement was
placed over approximately 3/4 of the 56-acre parceL The area not encumbered by the
easement includes a 200'-plus segment of shoreline where docks serving the site
have historically been located. The Owner proposes to, over time,provide a total of
up to four floating docks at this location.
5. The first dock, to be installed this year, will be 80' in length and 8' in width, plus a
20'-30' aluminum gangway extending from one of the four proposed concrete
landing pads. This dock will be sufficient to allow for docking of large boats such as
the steamboat Minnel�aha as well as provide for the various Park uses anticipated in
2008. The landing pads are a critical element of the dock system, to provide for a
solid, stable and established location for pedestrians to exit the docks. The additional
3 docks to be added later would be of similar length but at this time are planned to be
6' in width rather than 8'.
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6. - Construction and installation during 2008 will include 2 pads with connecting
sidewalk and one dock. The remaining two pads and three additional docks will be
installed in 2009 or later. The current request is approval for all 4 pads, the 3
connecting sidewalks, and all 4 docks, allowing the construction in future years
without the need to renew the variances.
7. It is anticipated that the excavation and filling to prepare the area of the pads will be
completely above the 929.4' OHW elevation. It is also anticipated that the pads can
be located so as to not require filling within the defined "flood fringe", the area
between the OHW and the 931.5' floodplain elevation. If filling is required below
elevation 931.5' the Owner will be required to mitigate for any reductions in storage.
8. The nature, size and proposed use of the concrete pads within the scope of the
proposed non-vehicular uses of the property, coupled with their minimal impact as
hardcover within the 0-75' zone as compared to the total area of the 0-75' zone,does
not create a need for stormwater management facilities. Additionally,the proposed
low profile of the pads is not anticipated to create the need for vegetative screening.
9. The Owner has provided the following statements of hardship in support of the
request:
The property is an island with no vehicular access other tlian by boat. Because
the propert�� is a public park, it is necessary to accornmodate the public in a
safe rnanner. Construction of the landing pads will allow for a safe, stable,
ADA coniplia�zt platforjn from which visitors to tlze site can disembark, as
compared to merely alighti�ig on the shore, wliich would eventually cause
erosion concerns as well as be unsafe for footing. Additionally, the riature of
tlze docks needed to serve the public as well as niainte�iance needs of the
property requires a stable base fo�• the gangways, w{iich allow for floating
docks to be used that have less impact o�z the lake bed than stationary docks,
and will not have to be repositioned as the lake water level fluctuates during
the seaso�i.
The property is being used as a public recreation area which is how it is guided
i�i tlze Co�nprehensive Plan adopted by tlze City. The island nature of tlze site is
unique as compared to rrcost other lakeshore properties in tlie Ciry, a�zd the
public use aspects require a higlzer sta�idard of safety tlzan is rypical ofprivate
residences. Tlze need for public access facilities at t/ie slzore is uriique i�a tliat
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RESOLUTION OF THE CITY COUNCIL
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there are�io other alternatives for access that avoid activity witlain 75'of the
shoreline.
The clzaracter of tlze localiry has lorrg bee�z a recreatio�x area with rnultiple
docks at the proposed location. T/ze low profile of the landing pads and
walkways will be mi�zimally visible from offsite. Public parks and docks are
permitted uses within the RS District. Tlze conditions that apply to tliis
property are sirriilar to conditions tliat apply to otlter Big Island properties,
with the exception that the p��opei�ty is guided mid used as a public park.
Without the variances a suitable dockage situation fo��public use of this pub[ic
property would�zot be feasible, and reasonable use would be de�iied.
Granting of tlze variances will have no negative impacts and will be in keepi�ig
with the public use intent of the Ciry for tliis property. If the varia�ices are not
granted, tlze City wil[izot be able to provide a safe,functional dockage situation
for this public property. Since access via boat is the only means of access to
the property, tlie iiiability to provide a safe, functioizal access would be a
hardship.
9. 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 public, and the effect of the proposed variances on the health,
safety and welfare of the community.
10. 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 and conditional use permit 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 applicant and owner, but are necessary to
alleviate a demonstrable hardship or difficulty;are 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby grants variances to
Orono Municipal Zoning Code Section 78-1282 to allow up to four concrete dock landing pads to be
constructed in excess of the 32 s.f. maximum area normally allowed within the 0-75' zone for
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�'� G'�' RESOLUTION OF THE CITY COUNCIL
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walkway landings; and a variance to Section 78-1286(b)to allow grading and filling ofmore than 10
cubic yards within 75' of the shoreline; and a variance to Section 78-1288(a)to allow hardcover of
approximately 1400 s.£ (0.25%) within the 0-75' lakeshore setback zone where no hardcover is
nonnally allowed; subject to the following conditions:
1. Council approval is based on the conceptual site and construction plans submitted by the
applicant and attached to this Resolution as Exhibit B.
2. This approval is for the construction of up to four concrete pads and connecting sidewalks no
larger than the dimensions indicated on the plans in Exhibit B. There is no time limit for
construction of said pads. Any amendments to the above noted plans which are not in
conformity with City codes or not in keeping with the provisions of this Resolution will
require further City Council review.
3. Owner shall endeavor to locate and install said pads and sidewalks so as to not require filling
below the 931.5' 100-year floodplain elevation of Lake Minnetonka, as depicted on the
topographical survey attached as Exhibit C. In the event that filling below the 931.5'
elevation is required, the Owner shall first obtain the necessary approvals from all other
agencies with jurisdiction and shall provide storage mitigation as may be required.
4. Owner shall obtain a multiple dock permit from the Lake Minnetonka Conservation District
if one is required.
5. Construction shal] adhere to any applicable ADA design requirements.
6. A land alteration pernut shall be obtained from the City prior to construction.
7. Hardcover within 75' of the shoreline shall be limited to the 1400 s.f. approved via this
variance process.
8. Authorities granted by this resolution run with the property not with the applicant, but are
pennissive only and must be exercised by obtaining a land alteration permit for the new
construction within one year of the date of Council approval,or the variances will expire on
that date (March 10, 2009). The approvals �ranted herein are for all 4 pads and the 3
connecting sidewalks, and these approvals shall not expire,but expressly allow the Owner to
complete all elements of the proposal in future years without the need to renew the variances.
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9. 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.
10. The undersigned Owner has read, understood and hereby agrees to the terms of this
resolution and on behalf of the Owner and the Owner's 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 l Oth day of March, 2008.
ATTEST:
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Linda S. Vee, City Clerk J es M. White, Mayor
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Ronald Moorse, for City of Orono
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�'� G'�' RESOLUTION OF THE CITY COUNCIL
L�kES80�� NO. � � � �.
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this /D day of 1�1 LL.^�!2008
by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
E3ARBARA G. SILUS ` (/�� ' �
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t�� NOTARY PUBLIC-MINNESOTA
�� My Gommission Expires Jen.31,2013 NOtal'y PUbI1C
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this ��day of /��"G�,2008
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was exec � � City.
; ` BARBARA G. SILUS
`,; r;��.• NOTARY PUBLIC-MINNcSOTA
"; .,�y,,, My Commission Expires Jan.31,20�3 ���
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= Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this /D day of /j1CZ�"G��, 2008 by Ronald
Moorse on behalf of the City of Orono, its City Administrator..
� � BARBARA G.SILUS ` ���
`� '`"� NOTARY PUBUC-MINNESOTA
;� � My Commiasion Expires Jan��1,2013 NOtial"y PUbI1C
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' EXHIBIT A A
RESOLUTIOl�
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L���L DE�C�1�'f t4��
Gov�rnmont Lot On� �1). Sectton Faur--�e�n �14}R Town�hip Ona� Nundred
Seventeen (117'), Range Tw�r��y�T�r�e (2��; a�d Go�e�-rtma��t Lat Two (2),
Sectian Tw�nty-three (23}� Tov�n�i�1p One h�und��d S�veonf��n ��i?)� F��nr��
1'wenty-Thrae (23); and �'hat pa� uf �a�rnm�nt Lot '�,rc�e (�)� Sectiean
Twanty*-Ti�ree (23), Tawn�h6p On� �fundred S�v�ent�en ���7�� �ange
7w�nty-Three (23�, �omm�n�ing at t6�e� Northeast corr�ar �f said Gtave�-nr��n4
Ldk T1�ree (3)� Secfi4n Twenty-7�r�� (23� T�awr��tp Orse �4ur�dr�d Sa�ant�er�
(117), R�nge Twe�ty-Ther�e �23); th�r�ce ��uth�e�terfy alan� the fr�ke �t��re te
� th� �lorfhenet corr�er af Lat A,. t�oe�e� I�Innd Pc�rk; the�ce Sauth 35� f�mt ta .
Lai�e Mirrnetonka; ther�ce East aiarrg t�� ehore c�f Lake Minn�tonka �ka the Ecs�t
lic�� of said Lot Thr�a (3�; th�n�� k�e�rth ta �� �E�a�� a� b�glnning.
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' �� �a����' �., RESOLUTION NO. 5736
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed City Clerk of the City of
Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the
meeting of the Orono City Council on March 10, 2008, with the original thereof on file in
my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 1 lt'' day of March , 2008.
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City Clerk
(seal)