Loading...
HomeMy WebLinkAboutRes2868\ r. ^ CtTY- OF ORONO City of OROINO RESOLUTION OF THE CITY COUNCIL NO. 2963 __________ A RP.SOLUTION GRANTING A CONDTIONAL USB PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND SECTION 10.5b, SUBDIVISION 9 (B3) AND VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 AND SECTION 10.55, SUBDIVISION 8 PILE #1572 NHBRBAS, Gunther and Gertrud Noelting (hereinafter "the applicants) are the owners of the property located at 1060 Tonkawa Road within th^ City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Ryanwood, Hennepin County, Minnesota (hereinafter "property")? and NHBRBAS, the applicants have made application to the City of Orono to permit the installation of a permanent dock per Municipal Zoning Code Section 10.03, Subdivision 19 and Section 10.55, Subdivision 9 (B3) and variances to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 0 to allow excavation of the lakeshore to permit the installation of support ties to maintain 6' x 12' dock section cantilevered from lakeshore bank? HON, fBBRBPORB, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning Pile 11572. 2. The property is located in the LR-IB Single Family Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of approximately 1 acie in area. 3. The Orono Planning Commission reviewed this application on Augur^t 20, 1990, and recommended approval of the proposed variances and conditional use permit as proposed based on the following findings and hardship: a. The applicants propose no change in existing bank elevations or Cor drainage. Pag© I of 5 L 1 City of ORONO cmr OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2868 _________ b. No permanent hardcover is proposed within the lakeshore protected area. c. The substructure/underground support ties are 5' to 6* below finished grade providing adequate treatment area for surface run-off. d. A permanent dock with pilings had been installed in 198 4 and was destroyed in 1 9 8 6 by the unusual pressure/shifting of the ice along this portion of shoreline on Maxwell Bay. e. The applicant had received approval for a similar permanent dock section in 1987. The current proposal proposes a less intense and greatly reduced permanent dock section. 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 variance 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli­ cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The 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 propose level of use of the property will be in keeping with the intent and objectives of the Zoninr Code ^nd Comprehensive Plan of t e City. COaCLOSIOMS, ORDER ARD CONDITZOHS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22» Subdivision 2 and Section 10.55, Subdivision 8 to allow th temporary alteration of land within the lakeshore protected area and Page 2 of S > • 1 L'- 'ji ^ OF — ^BQNCi City of OROINO RESOLUTION OF THE CITY COUNCIL NO. -363 ____ 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. Permanent dock section to be installed such that it does not exceed a height of 932.4*, 3* above the OHM elevation of Lake Minneconka at 929.4', and access stairs extending to permanent dock section shall not exceed the allowed 4* in width. 2. Area of excavation to be backfilled with granular/sandy loam soils. City to approve the type of soils to be used in filling. 3. Authorities granted by this resolution run with the property not with the applicant, 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 conditions of this resolution will expire on that date (September 10, 1991). 4. 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. 5. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby anrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 • •• City of ORONO RESOLUTION OF THE CITY COUNCIL NO.a Aim ^ ^ [aRORd Adopted by the Cfono City Council on this 10th day of September# 1990. ATTe T: James FT. Gr^bek # Mayor ^---------L--------------^ J Property Owner(•) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing initrumant was acknowledged before me on thi* 10th day of September, 1990, by James R. Grabak * Dorothy M. Hall in, Mayor fc City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. I r_ THlSfSA MAAI NOT ah , bi.'ju C . m • f* HfNNBPiN COWlFY M# cwnwMMen »c. .« Notary Public My Commission Expires Page 4 of S 1 OP oRowai city of OROIVO RESOLUTION OF THE CITY COUNCIL NO.2868 STATE OP MINNESOTA ) } ss. COUNTY OP HENNEPIN ) On this <r day of h' 1 199^/ WM V.iiJk9 " ^ --------------------- ■■ bsfozs me'lTNotary Public within and for said county, personally appearedl-u-sUy^, /• ^, h-..d f: /C>^, i>»:i, r.r' 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. c o-t. ■..............^ NOTARY # "Sit* MY COMMISSION EXPIRE STATE OP MINNESOTA ) )iS. COUNTY OP HSYNEPIN ) On this dav of_ _ _ _ _-. . . .—• 195^, before me a Notary Public within and for said County, personally appeared known to me to be the person(s) described in cind who executed the foregoinginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. notary public MY COMMISSION EXPIRES Page 5 of 5* I