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HomeMy WebLinkAboutResolution 944RESOLUTION NO. A RESOLUTION OF PUBLIC NOTICE REGARDING DEVELOPMENT LIMITATIONS ON CERTAIN PARCELS OF LAND WHEREAS, the City of Orono, hereinafter the City, is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City of Orono, hereinafter Council, has adopted a Comprehensive Guide Plan establishing goals and guiding principles affecting land use and development within -the City; and WHEREAS, the Council has adopted a Zoning Code to provide performance standards and criteria for implementation of the guiding principles of the Comprehensive Guide Plan; and WHEREAS, there exist within the City certain parcels of land which contain physical conditions or legal restraints which limit the development potential or otherwise preclude conformance with Zoning Code performance standards including without limitation such conditions as substandard lot size, poor soil, steep slopes, wetlands, open water or lack of legal access to public roads; and WHEREAS, despite such physical conditions or legal restraints, there do exist many uses for said parcels of land which do conform to the guiding principles of the. Comprehensive Guide Plan and the require- ments of the Zoning Code performance standards; and WHEREAS, the Council has found that unless development on those parcels of land is limited and restricted to such conforming uses, there would occur violations of Zoning Code provisions and adverse impact upon the health, safety, and general welfare of the citizens of the City and adverse impact upon the value of the adjoining properties; and WHEREAS, the said Comprehensive Guide Plan and Zoning Code are of public record and provide existing legally enforceable limitations on the development of such parcels of land; and WHEREAS, in addition to the above, the Council finds it to be in the best public interest to provide special notice of such development limitations to the owner and future owners of certain parcels of land so affected whenever the condition of those parcels is brought to the attention of the Council. .Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED, that the City,Council of the City of Orono hereby declares the following for PUBLIC NOTICE: A. PUBLIC ATTENTION The parcels of land listed below were brought to the attention of the City Council because notice was,provided to the City by Hennepin County that all of the following parcels became the property of the State of Minnesota 'for non-payment of 1970 or 1971 real estate taxes.' B. PROPERTY IDENTIFICATION AND DEVELOPMENT LIMITATIONS The following described .parcels . of- land are hereby found to have the listed development limitations and may have other limitations not listed. 1. The following parcels of land are substandard in size for their respective zoning use districts and may be developed only upon legal combination with adjoining parcels. Zoning variances may still be required prior, to development. District Plat Parcel 38 41317 . 3600 38 41900 2800 38 42000 2210 38 42280 5200 ,38 42560 3900 *38 42620 5550 *Adjacent lots should be *38 42620 5600 combined for sale -.com- 38 42740 4650 bination may be buildable 38 43220 4800 with variance. 38 43640 3600 38 43120 4425 0 Resolution No. Page 3 B. PROPERTY IDENTIFICATION AND DEVELOPMENT L'IMITATIONS (CONT.) 2. The following parcels -of land contain extensive wetlands which preclude use as separate building -sites. District Plat Parcel 38 41310 7400 Entirely wetlands 38 42120 4000 Entirely underwater in a • channel off Lake Minnetonka 38 42420 4900 & • 5100 Adjacent parcels approximately 95% wetlands with limited access to public street. Combination of these parcels with adjacent parcels may allow some use of the limited dry land -provided wetlands are not disturbed. 0 Resolution No. Page 4 C. STANDARD LIMITATIONS AFFECTING ALL LAND WITHIN -THE CITY No use or development of land may be made except as specifically permitted by the Zoning Code and other ordinances of the City. The following restrictions apply generally to land throughout the City and may therefore apply in particular to those specific parcels of land listed*in this Resolution. 1. No structures or buildings shall be constructed, erected, or placed upon, above or beneath the land including without limitation; fences, fireplaces, steps, docks, piers, hardcover or roads of any nature whatsoever, or any other structure or improvement inconsistent with the natural state of the land except as permitted by the Zoning Code. 2. No soil, sand, gravel, or other substance or material shall be excavated.or placed as landfill, dumped or stored upon the land and no waste, trash, junk or garbage shall be -placed, dumped or stored upon the. land. 3. No wetland; shoreline or drainageway may be filled, altered or obstructed in any way. 4. No land shall be used As a launching area for boats nor 'shall ; there -be any moving or buoying of boats along any shoreline except as permitted -by -the Zoning Code. 5. 'The.City may at all reasonable times enter upon the parcel of land for the purpose of inspection and enforce- ment of the Zoning Code including the specific provisions noted above. 6. The City does not intend that -the public should have any interest in the above listed parcels of land by virtue of this resolution, except as specifically set forth. • Resolution No. Page 5 D. PUBLIC NOTICE To affect specific notice of the limitations set forth herein, the City shall hereafter file this Resolution in the chain of title of the parcels of land listed above. This Resolution was adopted by the City Council of the City of Orono on the a� l day of , Z6; �- 7, F , • ATTEST: Walter R. Benson, Cle L A • STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO The undersigned duly qualified and acting City Clerk/Administrator of the City of Orono hereby certifies that attached hereto is a true and correct copy of the original Resol tion passed by the Cit •Council of the City of Orono on � 1UZ approving Public Notice Regardin Development Limitations on Certain Parcels of Land on file in the office of the City Clerk/Administrator, City of Orono. 0 P Walter R.• Benson,, Clerk/Admirfis Dated this" day.of 19'L Seal) ' 0