HomeMy WebLinkAbout1990-05-27 Resolution #2807I
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CITY
ORONO
City of OROINO
RESOLUTION OF THE CITY COUNCIL
NO. 2807
A RBSOLDTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 6 (3)(B},
SECTION 10.03, SUBDIVISION 9 (A) AND
SECTION 10.22, SUBDIVISION 1
PILE 11515
WHEREAS, Jeffrey Johnson (hereinafter "the applicant")
is the owner of the property located at 3825 Cherry Avenue within
the City of Orono (hereinafter "City") and legally described as
follows:
The West half of Lot 2, all of Lot 3, and the North 45' of
Lots 28 and 29, Blocic 7, Crystal Bay View, Lot 2, Bloc)c 3,
Crystal Bay View, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.03, Subdivision 6
'3) (B) and Section 10.03, Subdivision 9 (A) to permit the
construction of a 200' long cat wal)c, an accessory structure, on
a property consisting of multiple lots divided by an unimproved
road. Cherry Avenue, that divides a lalceshore lot from the
remaining interior lots requiring a variance that would see)c
credit for the principal residence on the interior lot for the
accessory structure on the la)ceshore lot, and hardcover and
setbac)c variances within the 0-75' setbacJc area for the 200'x3'
cat wal)c structure.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1515.
2. The property is located in the LR-lC Single Family Rural
Residential Zoning District requiring 1/2 acre in area. The
interior lots within the jointly owned prop>erties consist of
22,183 square ''eet.
3. The Orono Planning Commission reviewed this application
on April 16, 1990, and recommended approval of the proposed
variances based upon the following findings:
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CITY
OF
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807________
A) The portion of Cherry Avenue that the proposed cat
walk structure would cross is totally within the
wetland/lakeshore and is not used for roadway purposes
and is currently unimproved.
B) The legal combination of the substandard lot will
now be tied to an adjacent homestead J
never be the subject of a land use independent of any
homestead.
C) The proposed dock structure meets the LMCD
criteria for authorized dock use area for a dock with
one slip (1 slip per 50 lineal feet of shoreline).
D) The property consists of predominately wetlands and
lakeshore .
E) There is no adverse impact on adjoining property
owners or the public generally as a similar dock and
cat walk structure has existed on the property to the
immediate east without any record of
apparent hazard to the public who use the ad3acent main
lake and r«..w»wiway.
4. The City Council has considered this
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the
and the effect of the proposed variances on the health,
safety and welfare of the community.
5. The City Council finds that the conditions existing on
this property are peculiar to it and do not apply
to other property in this zoning district; that granting the
variances would not adversely affect traffic '
light, air nor pose a fire hazard or other danger to
neighboring property; would not merely serve as ®
convenience to the applicant, but is necessary to
a demonstrable hardship or difficulty; is necessary to
preserve a substantial property right of the applicant, an
would be in keeping with the spirit and intent of the Zoning
Coue and Comprehensive Plan of the City.
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• *.• • • ••• •'•V •.*'-A*
CITY
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to the Municipal
Zoning Code Sections noted above to permit the construction of a
200'x3* cat walk, portions of which are to be located within the
unimproved right-of-way of Cherry Avenue and within riparian Lot
2, Block 3, Crystal Bay View, to serve the residence located at
3825 Cherry Avenue, subject to the following conditions:
1. Prior to filing the variance resolution by the City,
applicant must apply for the legal combination of three
parcels, P.I.D. #08-117-23 33 0041, 08-117-23 33 0037, 08-
117-23 33 0058.
2. Upon application for a building permit for the cat
walk/dock structure on Lot 2, Block 3, Crystal Bay View and
unimproved Cherry Avenue, applicant must submit the
following:
A) Survey showing any encroachments of property and
location of proposed structure within subject lot and
right-of-way of Cherry Avenue. The accessory structure
must meet the required 10' side setback from the west
side lot line.
B) Approval permits from Corp of Engineers, DNR and
Orono Public Works Department. Applicant to provide
fully executed Hold Harmless agreement with the
building permit application.
3. Posting of cat walk/dock structure with "No
Trespassing/Private Property" signage.
4. Based on standards of LMCD and this variance approval,
the dock shall be limited to 1 slip.
5. 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 this
variance will expire on that date (May 29, 1991).
6. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
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City of ORONO
CITY
ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807________
7. 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 agrees
to the recording of this resolution 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 29th day of May, 1990.
ATT BT:
~yn
aUin, City Clerk Jamds R. GrabdIrr'Mayor
ss.
MINNESOTA )
)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 29th day of May, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, ®
municipal corporation and said instrument was executed on behalf
of the City.
NOrlSfpuS^KNAAB:.iI'NNESOrA
hb ^nmun ^
Notary Public
9-S'- 9&-
My Commission Expires
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• • • • • • •
CITY
OF
ORONO
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807________
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
) SS.
On this ___________________ day of ________________, 1990
before me a Notary Public within and for &aid county,personally
appeared ii iX-i.K ,hCk.o^ a_ _ _ _ _ _ _ _ _ _ _ _ _ __
known to me to (be thle 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.
THERESA L MAAS
NOrAHV PUBUO • MlNNtSOTA
HENNEPIN COUNTY
My oommiMlon mptm 0-M2
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this r day of - \ ___________, 1990., before me a
Notary Public within and for said County, personally appeared
i/'Irak 's ( Oa \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.
MY COMMISSION EXPIRES
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