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HomeMy WebLinkAboutResolution 5298 Vw 0.it 00 1 CITY of ORONO �.�L ,�`3i.-.000,: ,,__i �Gti RESOLUTION OF THE CITY COUNCIL -kESIT.D4 NO. 6 9 9 0 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PER SECTION 78-1116(a)(8) FILE NO. #05-3096 WHEREAS, Faus Family Investments, LP, represented by Ben Faus, (hereinafter "the applicant") is owner of the property located at 550 Big Island within the City of Orono (hereinafter "the City") legally described as follows: Lot 3, Kitchel's Subdivision of Government Lots Five (5) and Six (6) in Section Twenty Two (22) Township One Hundred and Seventeen (117) Range 23 (23), Hennepin County,Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied for a conditional use permit per Municipal Zoning Code Section 78-1116(a)(8)to permit construction of a permanent dock to be located within Lake Minnetonka adjacent to the property; 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 March 21, 2005, at which times 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 #05-3096. 2. The property is located in the RS Seasonal Residential zoning district. 3. The property abuts the shore of Lake Minnetonka and has had a seasonal dock in the past. Page 1 of 5 0.4- 0 A . - )54CITY of ORONO le. Cite 'C4L ` 1‘.%11014 — G RESOLUTION OF THE CITY COUNCIL 4.14- SHO4 NO. ffi 2 9 8 4. Permanent docks are allowed by Conditional Use Permit in the floodway and flood fringe of Lake Minnetonka per the provisions of Orono Municipal Code Section 78- 1116(a)(8). 5. The Orono Planning Commission reviewed this application on March 21,2005 and recommended approval for a conditional use permit for construction of a permanent dock by a vote of 6-0,based on the following findings: a) The property is on Echo Bay of Lower Lake, Lake Minnetonka 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 minimal risk. b) The proposed permanent dock is located in Lake Minnetonka 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 and length standards and is not anticipated to result in conflicts with adjoining docks nor pose any navigation hazards. 6. 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, and that granting of the conditional use permit would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations by the Planning Commission,reports by City staff,comments by the applicant and the effect of the proposed conditional use permit on the health, safety and welfare of the community. Page 2 of 5 . , ('-vuo.4„. 0 =` 5 CITY of ORONO 1, ., i�, G~ RESOLUTION OF THE CIS 1G CIL �'l�EsKa4 ) �' 5 8 NO. �' CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 78-1116(a)(8)to permit construction of a permanent dock to be located within Lake Minnetonka adjacent to the property, subject to the following conditions: 1. The dock shall be constructed per the 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 permitted by the LMCD and DNR and is in conformity with the rules and regulations of those agencies. 3. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. 4. The property owner is advised to obtain the appropriate permits from 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 applicant, but are permissive only and must be exercised by obtaining a City of Orono one-time dock permit 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 constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understands 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. Page 3 of 5 �°� 0 o CITY of ORONO 1i, ti ,;.1.s, !� .,tf,v, ,ir- ..imivA.%� ~ RESOLUTION OF THE CITY COUNCIL kESIV NO. 5 P 9 : ; Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 28th day of March, 2005. ATTEST: tinda S. Vee, City Clerk Barbara A. Peterson,Mayor • `` - Propety Owners r The foregoing instrument was acknowledged before me on this 9g day of/lqcc„c:.,,k_ , 2005 by Barbara A. Peterson, Mayor of the City of Orono,a Minnesota municipal corporation and said instrument was executed on behalf of the City. :RISTI B.ANDERSON ti ` tq �s k; c NOTARY PUBLIC MINNESOTA W:n( .2 - . > C:L't•nL..,n ,iii Commission Expires Jan.31,2007 Notary Public • it :/ ;-":,r'>_..yc •l./l ar."!✓!!J!!J) STATE OF MINNESOTA • • COUNTY OF HENNEPIN . • The foregoing instrument was acknowledged before me on this`I-71`day of y'r1(1"~, c ;- 2005 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. . K'/L C�_ -- ' /✓ C) {' S ' ; RACHEL DODGE Notary Public 3' •' ` -. NOTARY PUBLIC-MINNESOTA ((1 ;, + My Commission Expires Jan.31,2010 Page 4 of 5 .Vw 0.11ti O 4 CITY of ORONO .4 s 44 !�,I . G RESOLUTION OF THE CITY COUNCIL kESI3ONO. $ 2 9 . STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this .` = day of/--) L;,,.,.;---- , 2005 by Ben Faus, -'r f' ((.t -{- , on behalf of Faus Family Investments, LP. c.:,.2-,-...- -- . p.41-5:-;' , KRIST1 D.ANDERSON Notary Public til NOTARY PUBLIC-MINNESOTA 41 ",• � ;,� My Commission Expires Jan.31,2007 ($ Page 5 of 5 I* 0 j) a Iso°�2 N N EXHIBIT A $ 9 8 imi t) z z RESOLUTION NO. • 0150 v QO $ u' 28 k2 (D in o : - - �— — 418.8kan 7 af • :• . ....... 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