HomeMy WebLinkAboutResolution 5483 Doc No 8840452 08/04/2006 03:09 PM
Certified filed and or recorded on above date:
Office of the County Recorder
Hennepin County, Minnesota
Michael H. Cunniff, County Recorder
TransiD 243729 Deputy 3
Fees
$35.50 DOC
$10.50 SUR
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-„ CITY of ORONO
to*, _ c.) OF THE CITY COUNCIL
`�kESi304 NO.
A RESOLUTION GRANTING
A HARDCOVER VARIANCE
FROM MUNICIPAL ZONING CODE SECTION 78-1288
AND
A CONDITIONAL USE PERMIT
FOR LAND ALTERATIONS WITHIN THE 0—75 FOOT SHORELAND ZONE
PER SECTION 78-966
FILE NO. 06-3205
WHEREAS, Mary J. Jundt and James R. Jundt, wife and husband, (hereinafter
"the owners") are the owners of the property located at 1400 Bracketts Point Road within the
City of Orono (hereinafter the "City") and legally described on Exhibit A attached to this
resolution; and
WHEREAS, the owners have made application to the City of Orono for a
variance from Orono Municipal Zoning Code Section 78-1288 to allow replacement of the
fourth set of lake access steps on the property; and
WHEREAS, the owners have made application to the City of Orono for a
conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow grading
within the 0-75 foot shoreland zone to create a path for a wheelchair adjacent to these steps;
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 June 19, 2006, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #06-3205.
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CITY of ORONO
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2. The Planning Commission reviewed this application at a public hearing held
on June 19, 2006 and recommended approval of the variance based on the
following findings:
a. The proposed steps would replace a set of steps approved in Zoning File #
94-1867 that have deteriorated. An asphalt path to those steps approved in
Zoning File# 95-1992 has already been removed.
b. The hardcover associated with the new steps would be less than the
hardcover associated with the existing steps.
c. The proposed steps would have less visual impact than the existing steps.
3. The Planning Commission also recommended approval of the conditional use
permit for land alteration within the 0-75 foot shoreland zone based on the
following findings:
a. The grading will provide a path that will facilitate access to the dock by
persons using wheel chairs and person who have difficulty negotiating
stairs.
b. There will be no hardcover associated with the path.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff,
comments by the owners and the public, and the effect of the proposed
variance 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 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 property; would not
merely serve as a convenience to the owners, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
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`tkESITOV NO. 5 4 8 3
property right of the owners; 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 Sections 78-350 and 78-1288 to allow
replacement of the fourth set of lake access steps on the property, subject to the following
conditions:
1. Council approval is based on the site plan submitted by the owners and annotated by
City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Hardcover associated with these stairs shall be limited to 167 square feet. Owners
are advised that any future requests to increase hardcover or change the nature of
existing/approved hardcover shall require City approval, and increases in hardcover
will not likely be approved without concurrent reduction in existing hardcover.
3. Once the existing steps have been removed the variances granted in Zoning File # 94-
1867 for the steps and in Zoning File # 95 -1992 for an asphalt path to these steps shall
terminate.
4. Authorities granted by this resolution run with the property not with the owners, but
are permissive only and must be exercised by obtaining a building permit for the new
construction within one year of the date of Council approval, or the variance will
expire on that date (June 26, 2007).
5. 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.
6. The undersigned owners have read, understand and hereby agree to the terms of this
resolution and on behalf of the owners and the owners' heirs, successors and assigns,
hereby agree to the recording of this resolution in the chain of title of the property.
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==A}, CITYofORONO
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.. �RliA_ �G~ RESOLUTION OF THE CITY COUNCIL
`9$ESgOg NO. 5 4 8 3
Based upon one or more of the findings noted above, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 78-966 to allow grading
within the 0-75 shoreland zone per the grading plan attached to this Resolution as Exhibit B
and as annotated by City staff, subject to inclusion of erosion and sediment control details on
the final plans.
Adopted by the Orono City Council on the 26th day of June, 2006.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
MaryAtill
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J. and
James R. Jundt
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this,j day of( .,,-z ,
2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
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Notary Public'
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��L � '000%i �Gti RESOLUTION OF THFFCITY COUNCIL
'4kESil.O NO. 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
/
The foregoing instrument was acknowledged before me on this day of • _ ,
2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
40-.-1.-,...--- -./.-_,...�!1llJ1J!!Jllll
-° 3 RACHEL DODGE §
,4 : p10TARY PUBLIC-MINNESOTA ti Notary Public
Commission Expires Jan.31,2010 s
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this /,3 day of 0 , 2006 by
James R. Jundt, husband of Mary J. Jundt.
ti • BARBARA G. SILOS ti gdaaA.4
vjc-w•` NOTARY PUBLIC MINNESOTA 4
" ,1; My Commission Expires Jan.31,2008 ti Notary Publicdo
STATE OF MINNESOTA
COUNTY OF HENNEPIN
This instrument was acknowledged before me this day of , , 2006 by
Mary J. Jundt, wife of James R. Jundt.
` RACHEL DODGE I
`t t z4 NOTARY PUBLIC-MINNESOTA § Notary Public
.,„,„.0 My Commission Expires Jan.31,2010 lk
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5483
Exhibit A
r. + . r: ? i Cc P%al • ;
Lots 6 and 6, Rearrangement of Orono Point;
Also: that part of Lots 9 and 10, Rearrangement of Orono Point and .
tAlc aC;e.L-otiutI tl,ermW Gout1• ; ly and Ea.ste:rl.y ,mss t ,' ftllrw
ing described lint: Commencing at a point 'in the centerline of
Center Avenue 588.95 feet nj 'therlY from the NorthwesterlY corner
of tit 5, Rearrangement of OronO Point; thtnoe southerly along
said centerline a distance of 5 feat; thence southweeterlY un a
tangential curve to the right with a radius of 221. 17 feet a dis-
tance of 169.3$ feet; thence southwesterly tangent to said last
destrihed curve a distance. of 5 feet; ,thence southwester1Y on a
tangential curve to the right a radius of 445.72 fe,Nt a distance
of 119.25 feet; thence scuthweeterlY tangent tri said last de-
scribed ourve n distance of 107.3 feet; thence we terlY making en
angle of 44 degrees 42 minutes to the right a distance of 79.3
feet, to the shore of make Minnetonka and there terminating; sub-
ject to Border Avenue as °vented by Document no. 2092586;
Also that part of vacated Center Avenue as s air1 Center Avenue Wes,
dediosted to the Public in the plat of Rrarrangement of Orono
Point, lying southerly of the westerlv' exteneion of-,the northerly
line of Lot 4. said Rearrangement of Orono Paint end northerlY of
n, line drawn,westerly ptYrpendir:ular to the Nest lint of said Lot 4
from a point on said Hest line distant 182.29 feet northerlY franc
the southwest corner of said Lot 4; also that part of the westerly
half of vacated C+ nter Avenue lying southerly of said above dt-
scribrr: perpendicular line; and also t'ik,t part of the w eter1Y
half of vaoated Center Avenue lying northerly of the westerly ex-
tension of the northerly lint of said Leat '4 and lying southerly of
a line drawn easterly at right angles 'to the westerly line of said
vacated Centrr Avenue from the point of intereeotion of said west-
erly line with a line chasm 10 feet ee. terly. of the following de-
scribed line: Commencing at a point in the centerline of eaid Cen-
ter Avenue distant 588.95,, feet northerly from the northwesterly
corner of said Lot 5; thence southerly along Said centerline a
dtetance of 5 feet to the point of beginning of the line being de-
sorthed; thence southwesterly along a tangential curve to the
right with a radius of 221.17 feet a distance of 169,38 felt, and
said line there ending.
5483
Also
That part of vacated Border Avenue as laid cut and dedicated over
and across part of Lot 9 in said Rearrangement of Orono Point
which llee between the westerly line of said Center Avenue and a
line drawn drawn across said Border Avenue at right angles to the
side linea of said Border Avenue from the Point of intersection of
thecienterline of said Border Avenue with a line described as fol-
lows; Beginning at a point in the centerline of said Center Av,,
entre distant 558.95 feet northerly of the northwest corner of oatd
Lot 5; thence southerly along the centerline of said Center Avenue
a distance of 5 feet; thence eoutherlY and eouthwesterlY along a
tangential curve to the right with a radius of 221.17 feet a die-
tance of 169.38 feet; thence eouthwesterlY tangent to last said
curve a distance of 5 feet; thence southwesterly along a tangen-
tial curve to the right with a radius of 445.72 feet a distance of
119.25 feet; thence southWeaterly tangent to last said curve a
distance of 107.30 feet; thence southweeterlY along a tangential
curve to the left with a radius of 56 feet a distance of 19.7
feet; thence southerly tangent to last said curve a distance of
6.8 feet; thence southerly along a tangential curve to the left
with a radius of 169.7 feet a distance of 53.9 feet; thence south-
erly tangent to last described curve a distance of 20.5 feet:
thence eoutherly on a tangential curve to the left with a radius
of 76.1 feet to its intersection with the centerline of said Bor-
der AVenue, and said line there ending.
i 1400 Bracketts Point ~ 167 167 sq ft treads ,
I
Chilton Treads with landings 12 sq ft control box
179 sq ft total
941.5
23sq ft
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18sq, .�' `'l
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936
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935
l 934.5 -''�
934.51-----------934.5-------
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21.8 sq. ft. 934.5
933
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STATE OF MINNESOTA )
) ss
COUNTY OF HENNEPIN )
The undersigned, being duly qualified and appointed Deputy 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 June 26, 2006, with the original thereof on file
in my office, and the same is a correct transcription thereof.
WITNESS myhand officially as such Deputy City Clerk and the Corporate seal
of the City this 22r day of �.,� , 2006
,{9CC
Deputy City Clerk