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Home My WebLink About1995-06-12 Resolution 3569CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. _$ 5 6 9 A RESOLUTION GRANTING A CONDITIONAL USE PERRIIT PER NIL'NZCIPAL ZONL G CODE SECTION 10.55, SUBDIVISION 9 (B-3) FILE NO. 2018 WHEREAS, Richard A. Born (hereinafter the "applicant") is the owner of the property located at 1991 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A attached (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit to permit expansion of a permanent dock per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3). Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #2018. 2. The property is located in the LR-lC Lakeshore Residential Zoning District. 3. On May 15, 1995 the Orono Planning Commission reviewed the application as proposed and recommended approval based on the following findings: a. The structure will have no adverse effect on the capacity of the floodway of Lake Minnetonka nor will it increase the flood height. b. The DNR has issued a permit for the proposed expansion of the permanent dock on May 2, 1995. Page 1 of 4 j�O'Y .o 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ,l \kESH04�, NO. 5 =� C. The proposed dock nor the dock's location will have no negative impact on the surrounding residential properties. d. A permanent .cock has existed on this property prier to 1970. 4. The City Council finds that granting a conditional use permit to allow the expansion of the existing permanent dock 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 its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and obiectives of the Zoning Code and Comprehensive Plan of the Cit} . 5. The City Council has considered this application including the findings and recomn.endations of the Planning Commission, r,ports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AN`D 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 10.55, Subdivision 9 (B-3) to permit the expansion of the existing permanent dock, subject to the following conditions: Applicant to comply with all conditions of the DNR permit. 2. Upon application for a building permit for the permanent dock, applicant shall provide confirmation from the LMCD that either a permit is not necessary or that a permit has been granted. 3. 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 building permit within one year of the date of Council approval or this conditional use permit will expire on that date (June 12, 1996). Page 2 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3569 4. 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. The undersigned applicant has read, understood 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. Adopted by the Orono City Council on this 12th day of June, 1995. rop O er(s) STATE OF MINNESOTA ss. COUNTY OF HENNEPIN P , ,ire /90500'54 Edward J. Cal �.. The foregoing instrument was acknowledged before me on this 12th day of June, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk ; the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. JAMIE L BOSM731�.20M Q 1 tt,CSi )C l6 h ti t-t� NOTApttpUgUC-MINNENotary bllC d: HENNEPIN COUNT 7 My COm-+,ccicn Expires Jan Page 3 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 9 STATE OF MINNESOTA ) ) 3s. COUNTY OF HENNEPIN ) Op this 1,-; +,.\ day of 199_ before me a Notary Public within and for said county, personally app ared dot,, -A Q known to me to be the person(s) described in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �c JAMIE 7 BOSMA '1,'... NOTARY PUBLIC-MINNESOTA /. HENNEPIN COUNTY My Commission Expires Jan. 31, 2000 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) K6foY PUBLIC On this day of , 199_ before me a Notary Public within and for said county, personally appeared 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 act and deed. NOTARY PUBLIC Page 4 of 4 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3569 Resolution No. EXHIBIT A I hereby certify that this is a true all(] correct representation of a survey of the boundaries of the following described property: Lot 26, FAGEMIESS, except that part thereof described as follows: Commencing at a point in the Southerly line of Lot 2. FAGERNESS, extended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2; thence angle right 65 degrees 46 minutes a distance of 77.66 feet; thence angle right 90 dearees in a straight line a distance of 69.6 feet to the point of intersection with the Southwesterly line of said Lot 1, which point is the actual point of beginning; thence continuing on said same straight line to the shore of lake Minnetonka; Lhence Northerly along said shore to its ilitel's.?ction a.ith the Southerly line of lot 1, FAGEIMESS; thence SoutheasLerly nlonq the SnuLherly litre of Lot 1 to the point or beginning. Also, that, part or Lot 1, rl1Gi'111ESS, described as follows: Commencing at a point in the Southerly Iilit! of ^xtcnd2d Southeasterly which point is 50 feet from Lhr- nu1sL SnllLherly col saitt I1)L 2; thence angle riuhL G5 deg►'ces 46 minuteS a dirLance of ,*1.6G feet. the actual point of beginning, said 77.66 root line being hereinarLcr called line A. thence angle right 90 degrees a distance of 69.6 feel to tl ie. point of int2r'section with the Southwesterly line of said Lot 1; thence ;.otltllcaster'ly alnllg said Sut:Llrwcstel•ly line a distance of 100.28 f9et, more or less, to LIv" shore line Or Lake 1•linnetonl:2th ; ence itortherl. aloe. Said shore Ili!^ to I ,ille cir'.ltrn at. vicirt angles to Ilile h from Llie porn', of Le_ilrlling; thence is sl^_rly i`. feet, more or less, :c the paint or beoinni"U. anti of th^_ locaLiun or a!; builr.lings, .if any, thereon. It does n::. purport to show any other irlprovewc-nLs or encr'oachrnelits.