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Home My WebLink About#1606 Recorded Resolution 30065905851 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.31, SUBDIVISION 3 (C) AND VARIANCES TO SECTION 10.22, SUBDIVISIONS l & 2 FILES 11606 & 1660 µfa WHEREAS, Thomas.,!. Judd, an authorized agent of Big Island Inc., a Minnesota corporation, (hereinafter "the applicant") has an interest in the property located on Big Island, Orono classification, Record Lots 12 and 19, within the City of Orono (hereinafter "City") and legally described as follows: Refer to Exhibit A, attached (hereinafter "property")J and WHEREAS, per Section 10.31, Subdivision 3 (C) the applicant has applied to the City of Orono for a conditional use permit to allow a day use recreation area with occasional over- night camping at a maximum user level of 100 and variances to Section 10.22, Subdivisions 1 and 2 that would allow the repair of an existing swimming dock/deck located within the 0-75' lake- shore protected area where no structures or hardcover are allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. These applications were reviewed as Zoning Files #1606 and 1660. 2. The property is located in the RS Seasonal Recreational Zoning District. Per Section 10.31, Subdivision 3 (C)l - One acre in area is needed for each 20 userso The day use recreation facility will be limited to 100 users based on the existing 5.02 acres. 3. On July 15, 1991, the Orono Planning Commission reviewed the applications as proposed and recommended approval based the following findings: Page 1 of 5 APR 1992: CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 A) The 5.02 acre site is large enough to support a day use recreation area and occasional overnight camping use without any adverse effect upon the lake or upon the adjacent wetlands located within the western portion of the subject property. B) The proposed use will have no negative impact upon the neighboring adjacent properties. C) Based on the proposed level of use, the fire protection system developed by the Orono staff for Big Island and the bylaws developed by applicant will provide the necessary precautionary steps to maintain the public safety and welfare. D) The proposed use wi 11 require no variances to the required standards set forth in Section 10.31, Subdivision 3 (C). E) The existing dock/deck will not be expanded and will maintain its present configuration. The dock shall sustain structural repairs only. F) The only flat usable land portion of lakeshore is 15-20' above the lake level. The swimming dock provides area for parents to supervise children swimming in lake. G) The large, rocky shoreline prevents persons from using existing shoreline. 4. The City Council finds that granting a conditional use permit to al low a day use recreation area with occasional overnight camping will not be 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 wi 11 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 5. 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 variances for the repair of an existing swimming dock would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danager 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. 6. The City Council has considered these applications including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the affect of the proposed use on the health, safety, and welfare of the community. 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 10.31, Subdivision 3 (C) to permit a day use recreation area with occasional overnight camping at Record Lots 12 and 19, Big Island, for Big Island Inc., subject to the following conditions: 1. Big Island Inc. shall be limited to 15 slips at the shared joint use dock. Any attempt to increase the number of slips shall require an amendment of this conditional use permit and the f i 1 ing of a new condi tiona 1 use permit with the appropriate notice to adjacent property owners. 2. Applicant shall file a special lot combination of Record Lots 12 and 19 with the City. 3. If at any time a special activity results in the attendance of more than 100 users at the facility, a responsible agent of the association shall apply for a large assembly permit at the City of Orono. Page 3 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 transport to Big Island for annual 5. Applicant shal 1 provide immediate fire protection for fire ring shown on site plan. Such protection is subject to the special standards developed for Island recreation areas by the City of Orono's building department. This protection shall consist of a suppl y of sand, water , bucket and blanket. 6. Applicant shall be responsible for submitting all proposed changes in bylaws related to membership to City for review prior to formal action by board of Big Island Inc. 7. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be completed within one year of the date of Council approval or the special conditions of this resolution will expire on that date (August 26, 1992). 8 . 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. 9. The undersigned representative of Big Island Inc. has read, understood and hereby agrees to the terms of this resolution and on behalf of Big Island Inc., its 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 26th day of August, 19,91. Mayor uthorized Agent of Big Island Inc. •·:, .. Page 4 of 5 ' I CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3006 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) * Edward J. Callahan, Jr. Acting Mayor The foregoing instrument was acknowledged before me on this 26th day of August, 1991, by Wi?1i~t~l~l/lt'~r¢r~PP & Dorothy Mo Ha 11 in, Mayor & City C 1 erk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expires 8-12-96 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) ~:f~~;s me t(o:O~ary Publi~a~i~~in andAfg~ I said county,' ~;;s~nally ,cuJ appeared ThomasA-e-. Judd, an authorized agent for Big Island Inc, 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. CAROLE A. HASEMAN NOTAAV PIJIIUC411NNESOTA HENNEPIN COUNTY MY COMMISSION EXPIRES 6-23-00 Notary Public ' Page 5 of 5 :--i!...:.: -:.~----~·-·: ·.•.;. ",;_·,1 RESOLUTION #3006 EXHIBIT A All that part of Lot 1, Rearrangement of Lot 1, Kitchel' s Subdivision of Government Lots 5 and 6 in Section 22, Township 117, Range 23, Hennepin County, Minnesota lying southwesterly of a line running from the northwesterly most corner of Lot 7, said Rearrangement of Lot 1, Kitchel's Subdivision, to the midpoint of the northwesterly line of said Lot 1, said Rearrangement of Lot 1, Kitchel's Subdivision, and also all of Lots 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, Rearrangement of Lot 1, Kitchel's Subdivision of Government Lots 5 and 6, Section 22, Township 117, Range 23, Hennepin County, Minnesota. Lots 2, 3, 4, 5 and that part of Lot 1, lyin~ Northeasterly of a line running from the most Northwesterly corner of Lot 7 to the midpoint of the Northwesterly line of said Lot 1, all in Rearrangement of Lot 1, Kitchel's Subdivision in Government Lots 5 and 6 in Sec. 22, T. 117, R. 23, according to the recorded plat thereof on file and of record in the office of the County Recorder, Hennepin County, Minnesota. ... ',.-... STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION #3006 I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore.-going copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on August 2 6 , 19 91 , and that the same i s a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness 28th set my hand and seal this , 19 91 ---------------- allin, City Clerk Sf~q/-MLl foPr/ftS-~ fl, I ~_p 5905851 29APR3~ i ": -·: 1 cs;io5;351 DOC $15 . cc OFFICE on.o t:,m RECORDER HENNEPIU COllli Tf, MltlN ESOTA C:RT iFr-J FHO AND OR F::,. ~.s:o ON 92 APR 29 PH I: 00 ,ASDOC Ul~ENT~ 5905851 ~fJ,_, t'~ CO. RECORDEfl ~<J<t /