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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2174 ___
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A RBSOLOTION GRANTING
A CONDITIONAL USB PERMIT TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 19 AND
SECTION 10.55, SUBDIVISION 9 (B) (3) AND
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2 AND
SECTION 10.55, SUBDIVISION 8
PILE #1131
WHEREAS, Guenther and Gertrud Noelting (hereinafter "the
applicants") are tl.e owners of the property located at 1060 Tonkawa Road
within the City of Orono (hereinafter "City") and legally described as Lot
1, Block 1, Ryanwood, Hennepin County, Minnesota (hereinafter "property")?
and
WHEREAS, the applicants have made application to the City of
Orono to permit the installation of a permanent dock per Section 10.03,
Subdivision 19 and Section 10.55, Subdivision 9 (B)(3) and variances to
Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to allow the
excavation of the lakeshore to permit the construction of the
support/foundation structure.
Minnesota:
HOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 11131.
2. The property is located in the LR-IB Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 1.00 acre in area.
4. The Orono Planning Commission reviewed this application on April
20, 1987, and recommended approval of the proposed variances to permit
excavation within the lakesiiore protected area where none is allowed
per Zoning Code Section 10.22, Subdivision 2 and Section 10.55,
Subdivision 8, and recommended approval of a conditional use permit
per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 9
(B)(3) to allow the installation of a permanent dock based on the
following findings:
A) The applicants propose no change in existing elevations or
drainiige.
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RESOLUTION OF THE CITY COUNCIL
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B) No permanent hardcover is proposed within the lakeshore
protected area.
C) The substructure is 5* to 6' below finished grade providing
adequate area for treatment of surface runoff.
D) A permanent dock with pilings had been installed in 1984 and
was destroyed within 2 years by the unusual pressure/shifting of
the ice along this portion of shoreline on Maxwell Bay.
5. The City Council finds that the conditions existing on this pro
perty are peculiar to it and do not apply generally to other property
in this zoning district; that granting the variances would not
adversely affect traffic conditions/ light/ air nor pose a fire hazard
or other danger to neighboring properties; would not merely serve as a
convenience to the applicant, but is necessary to alleviate a demon
strable 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.
6. Tne City Council finds that granting a conditional use permit to
allow the installation of a permanent dock will not be detrimental to
the health/ safety or general welfare of the public, would not
adversely affect light, air nor pose a fire hazard or other danger to
neighboring properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
CONCLOSIOMS, ORDm^ AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances per Municipal Zoning Code Section 10.22,
Subdivision 2 and Section 10.55, Subdivision 8 to allow the alteration of
lands within the lakeshore protected area and grants a conditional use
permit for the installation of a permanent dock per Section 10.03,
Subdivision 19 and Section 10.55, Subdivision 9 (B)(3), subject to the
following conditions:
1. Dock length sections shall not exceed 6 feet in width when
extended from bank or constructed over lake area.
2. Access stairs shall not exceed 4 feet in width.
3. Arua of excavation to be backfillod with granular/sandy loam
soils. The City must approve the typo of soils to be used in filling.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
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NO 174
4. Authorities granted by this resolution run with the property not
with the owners, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or the special coditions of this resolution will
expire on that date (May 11, 1988).
5. Violation of or non-compliance with any of the terms and condi
tions 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 agrees to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 11th day of May, 1987.
ithy
QulZux)l
alliii. City Clerk Jame$ R. Grabek, Mayor
Property Owner(s
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RESOLUTION OF THE CITY COUNCIL
NO. 2174
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STATE OF MINNESOTA )
) 8S.
COUNTY OF HENNEPIN )
On this 19thwii wi.j.9 day of May »
before me a Notary Public within and for said county, personally
appeared Gertrud E« & Guenther Noeltinq known to me to be
the personas) described Tn arid i^o executed the foregoing
instrument, and acknowledged that he (they) execultd the same as
his (their) free act and deed.
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY 0F HENNEPIN )
on this _ _ _ _ _ _ _ _ _ day of , « before me
a Notary Public withrn and for said County, personally appeared
_____________I’''® ^® ^^®
Derson(s) described in anci who executed the foregoing instrument.
and acknowledged that he (they) executed the same as hlo
(their) free act and deed.
NOTARY PUBLIC
my COMMISSION EXPIRES
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