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HomeMy WebLinkAbout1989-06-12 Resolution 2644City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2644 A RESOLUTION APPROVING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.03, SUBDIVISION 19 FILE #1403 WHEREAS, C. William Wolfe (hereinafter "the applicant") is the owner of the property located at 3255 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has made application to the City of Orono to permit land alterations that involve filling within the 0-75' lakeshore protected area, where none is allowed per Municipal Code Section 10.55, Subdivision 8, and because the filling involves more than 100 cubic yards, a conditional use permit is required per Section 10.03, Subivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File ##1403 2. The property is located in the LR-lC Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 15, 1989 and recommended approval of an amended proposal approving the variance and conditional use permit, based on the following findings: A) The land alterations requiring fill within the lakeshore protected area resulted from a severe storm that eroded the original lake bank and access stairs to the lakeshore. B) The repairs are necessary to complete the restoration of the road bed adjacent to the lakeshore property. Page 1 of 4 City of ORONNO RESOLUTION OF THE CITY COUNCIL NO. 26"4 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 applicant; 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 land alterations as proposed 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 proposed level of use of the property will be in keeping with the intent and objectives 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 a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling within the lakeshore protected area, and per Municipal Zoning Code Section 10.03, Subdivision 19 grants a conditional use permit to allow filling in excess of 100 cubic yards within the lakeshore protected area, subject to the following conditions: 1. City staff to work with applicant to resolve maximum height for exposure of retaining wall installed within Pdjacent road bed and the access stair to lake to be redesigned so that proposed retaining wall is not necessary. 2. 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 grading permit for filling and grading within the lakeshore protected area within one year of the date of Council appiova'_, or the special conditions of this resolution will expire on that date (June 12, 1990). Page 2 of 4 City of ORO O RESOLUTION OF THE: CITY COUNCIL NO. 2644 3. 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 _unishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, svccesscrs and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 12th day of June, 1989. AT�ST : rothy Hallin, City Clerk per y Owne s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN Jame R. Grabek Mayor The foregoing instrument was acknowledged before m cn this 12th day of June, 1989, by James R. Grabek & Dorothy Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ary Public �s :<tz� G14LIRIE K. SCHEFFLER NOTARY ✓UIUC—MINM50U HENNEPIN COUNTY �.'�+•• ,My comm-WO n •apinl6•8•93 My Commission Expires Page 3 of 4 Cite of ORO O RESOLUTION OF THE CITY COUNCIL NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) ?5-14 on this day of — /-C /,r_ , 198y before me a Notary Public within and for said county, personally appeared _,% - 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 ac' 3nd deed. NOTARY PUBLIC THERESA L NAAB TA =NETY PIN COUNTY , My pee .--. expires 3-J-47 fy STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this /�l/1 day of (.l.l��('� _ 1981- , before me a No'.t/ary Public within and for said County, personally appeared ►V��►��� �JCLT� known to me to be the person(s) described in and who executed the foregoir.ginstrument, and acknowledged that he (they) executed the same as his (their) free act and deed. i n,1.i�r-' PUB �'.:.."'r.• LAURIE!K. SCHEr'FLER ..�,5.,1 •_� NOIAkr MUIC—MINNl:OfA A HENNEPIN COUNTY �••`.. `My commnaon expires6.8.93 MY COMMISSION EXPIRES Page 4 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. = 54-' EXHIBIT A P.I.N. 17-117-23 41 0012 Lot 1, Block 2, Townsite of Langdon Park, that part of Lot 1 and of Northern Avenue now vacated described as beginning at the point of intersection of the northernly right-of-way line of Great Northern Railroad Company with the southernly extension of the dividing line between Lots 1 and 2, thence northwesterly along said line a distance of 213.14 feet, thence northeasterly deflecting right 82 degrees 55 minutes a distance of 90 feet, thence southeasterly in a straight line to a point in the northerly right-of-way line of said Great Northern Railroad Company which point is 52.5 feet northeasterly measured along said northerly right-of-way line from the point of beginning, thence southwesterly along said northerly right-of-way line 52.5 feet to the actual point --f beginning, also that tract of land lying between the northerl} --ine of the above described land and the shore of Lake Mini:--tonka and between the northwesterly extension of the easterly and westerly lines thereof, Townsite of Langdon Park, Hennepin County, Minnesota.