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Home My WebLink AboutResolution 5297 . � . '`�= � o� . • o � o � . . . . - g � C ITY of ORONO � � � -- : . � . ti ti � RESOLUTION OF THE CITY COUNCIL ��`9 4�'�G NO. � . k'ESII� A RESOLUTION APPROVING A CONDITIONAL USE PERMIT . PER SECTION 78-1116(a)(8) � FILE NO. #OS-3090 ' WHEREAS, 7effery T. Engler and Evie A. Engler,husband and wife, (hereinafter � "the applicants") are owners of tlze property located at 2760 Shadywood Road within the City of Orono (hereinafter "the City") le�ally described as follows: Tract A, Registered Land SurveyNo. 1196 ,Hennepui County, Minnesota (hereinafter "the property"); aild WHEREAS,the applicants have applied for a coilditional use permit per Municipal Zoning,Code Section 78-1116(a)(8)to permit construction of a permanent dock to be located withiii ' • Lake Minnetonka adjacent to the pxoperty; and � . WHER.EAS, 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 l�earing on March 21, 2005, at which times all persons desiring to be � heazd conceming this application were giveii the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, '. Muinesota: " FINDINGS � . 1. This application was reviewed as Zoning File#OS-3090. 2. The property is located in the LR-1B Single Family Lakeshore Residential zoni�ng district. � 3. The property abuts the shore of Lake Mimletonka and has had a seasonal dock in the . : past. • � Page 1 of 5 ' . i , � � �� O� ~ � ' • O �: O . 3 � CITY of ORONO � � ,., , �, . , ti ti RESOLUTION OF THE CITY COUNCI L ��`9kEs�I�4�G NO. � � g (� . 4. Pei7nanent docks are allowed by Conditional Use Permit in the floodway and flood � fringe of Lake Miruletonka per the provisions of Orono Municipal Code Section 78- 1116(a)(8). . 5. The Orono P1aruling Couunission reviewed this application on March 21,2005 and recommended approval for a conditional use pennit for construction of a perrnanent dock by a vote of 6-0,based on�the following fnzdings: a) The properiy is on Lafayette Bay of Lake Miruietonka and the proposed dock � will be located within a cove area where wave and ice action will be minimal, hence the stability of the dock will be at miniinal risk. b) The proposed permanent dock is located in Lake Minnetonlca and is under the jurisdiction of the Lake Minnetonka Conservation District (LMCD) and is . • subject to the LMCD permitting process. c) The proposed permanent dock will be located to meet LMCD setback, � location azzd length standards and is not anticipated to result in conflicts with adjoining docks nor pose anynavigation hazards. 6. The City Council fiiids that the conditions existing on this property are p eculiar to it and do not apply generally to other property in this zoiung district, and that granting of the conditional use permit would be in keeping with the spirit a�ld intent of the Zoning Code and Comprehensive Plan of the City. � 7. The City Cotmcil has considered this application including the findings and � recoinmendations by the Planning Commission,reports by City staff, coirunents by � the applicants and the effect of the proposed conditional use permit oii the health, safety and welfare of the community. � Page 2 of 5 ,, 4 ` 7' O� . '. • O ,_: O . a � C ITY of ORONO � - ;� � , ti RESOLUTION OF THE CITY COUNC�L , � . ��`�k'ESI304�G NO. � �� . CONCLUSIONS,ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Couucil hereby grants � a coilditional use perrnit per Municipal Zoning Code Section 78-1116(a)(8)to pernut construction of � • a permanent dock to be located witlun Lake Minnetonka adjacent to the property,•subject to the � � - � following conditions: . 1. The dock shall be constructed per tlie location and design as indicated on the approved site plan attached hereto as Exhibit A. 2. The dock shall be allowed as long as it continues to be pernutted by the LMCD and DNR and is in conformity with the rules and regulations of those agericies. 3. Future replacement or alteratioii of the dock will require a new conditional use permit • frorn the City of Orono. � � 4. The property owner is advised to obtain the appropriate permits fiom the LMCD in �� . � � the event that winter de-icing of the dock area is proposed. " � 5. Authorities granted by this conditional use permit run with the property not with the � applicants, but are pernussive only and rnust be exercised by obtaining a City of . Orono one-time dock permiC within one year of the date of Council approval,or this � conditional use permit will expire on that date (March 28,2006). � 6. Violation of or non-compliance with any of the terms and conditions of this . � conditional use permit shall constihite a violation of the zoning eode, shall � , ; automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � � 7. The undersi�ed applica�its have read,understand and hereby agree to the terrns of � � this resolution and on behalf of themselves, their heirs, successors and assigns, � hereby agree to the recording of this resolution in the Chain of Title of the property. . • Page 3 of 5 _ � i�'z �/\��) O�■/' , I � • O �' O . C ITY of ORONO � - : � , ti ti � RESOLUTION OF THE CITY COUNCIL ��`�kEs8�4�G NO. � � �� . . Adopted by the City Council of the City of Orono, Miruiesota at a regular meeting held on the 28`h day of March,2005. ATTEST: � .�'�V�J'^i l . . . Linda S. Vee, City Clerk BarUara A. Peterson,Mayor �� Prope • � � � The foregoing inst�-urnent was acknowledged before me on this a8 day of �1 a,�c� , � 2005 by Barbaxa A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � � . � � " KRISTI B.ANDERSON � � �� ' NOTARY PUBLIC-MINNESOTA • '�,,;.+ My Commission Expires Jan.31,2007 ' Nota Public STATE OF M]NNESOTA COUNTY OF HENNEPIN The foregoing instniment was aclaZOwledged before me on this Z�ay of ��'LP-- � � . 2005 by Luida S.Vee, City Clerk of the City of Orono,a Mir�nesota municipal corporation and said�: � instrument was executed on behalf of the City. . � � . �;.� ! ;; ,:�` �� RACHEL DODGE L.-� ' �,,�.�e�2, /�bc�-,L— � ' NOTARY PUBLIC-MINNESOTA ` �.;,,�r•" My Commission Expires Jan.31,20�o Notary Public • � Page 4 of 5 � t , � ,.t: . d:�%�� - • • a .. . � O� " • O � O . � C ITY of ORONO . � ,:, : � . a ti ti RESOLUTION OF THE CITY COUNCiL ��kEsI3�4�G NO. erD � �� STATE OF MLNNESOTA COUNTY OF HENNEPIN This instnunent was aclalowledged before ine this�day of�DUP�rjt��, 2005 by Jeffery T. Engler,husband of Evie A. Engler. , ��`'.. E!'�RQRRA G.SIL a��'�'� >E7� •, US �>�""� ��^��r r�u�uc-rn�N�«sorA Notary Public � ,.,.,r�, ''`-"�'"`� Ply Commiss�on Expires J�n.31,2G08 • •�r.:.. . : . . STATE OF MINNESOTA � COUNTY OF HENNEPIN � e�w�h-v;2005 This instrument was acknowledged before me this 2 day of I�.�- by Evie A. Engler, wife of Jef£ery T. Engler. . ��r.:�.4.,� �--'�G�%t-=�� c�.C� . ;` :, " ' f�ACHEL DODGE Notary Public � �' '"� NOTARY PUBLIC-MINNESOTA � 4� My Commission ExpirES Jan.31,2010 � r .,�s�•�` ,�� . • Pa�e � of 5 � EXHIBIT A � Q 9 � a_ � RESOLUTION NO. 1 1 � - . � �s� � �� 1 � � �j 1 � °` � 0. o� � w ��'�J � � � � �� W� . -. � ORDINARY NlGH . .. �� LA 1�ANNETO ,l,3�p�� --'44ATER � .� '`-------_.. �j. - r • EE.. 929.4 Tb t" J I/J►/'�� '� ..,,� �� 1 r� � �� . 11 � �� V �+.�� f r y ♦♦ �♦ � I ' • .�� • � . j� � t ~� _'—t��.��— � r� �Z� + ! r i . . t r y � � �i . � , �.o-� suRVEY , � �� . : �� REGl51'ERED LAI�D SURVE7 H0.�6 �.� . : . •LO? 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