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Home My WebLink About#3096 Resolution 5298CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. I~~ 8 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 applicant0 ) 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, Mi1mesota (hereinafter "the property"); and WHEREAS, the applicant has applied for a conditional use pe1mit 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 prope1iy; and WHEREAS, after due published notice and mailed notice in accordance with Mi1mesota Statutes and the City of Orono Zoning and Plam1ing 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, Mim1esota: FINDINGS 1. This application was reviewed as Zoning File #05-3096. 2. The prope1iy 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 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. OJ 9~ 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 7 8- l 116( 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 pennanent 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 pennitting 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 Cotmcil has considered this application including the findings and recommendations by the Planning Commission, reports by City staff, c01mnents 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 CITY of ORONO RESOLUTION OF THE c1s;~-c9'-elclL12 ~ :i<,f, 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)(S) to pennit 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 constrncted 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 pennitted 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 usepe1mit 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 dockpe1mit 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 undersigried 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 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 2 Q, ~c3\ Adopted by the City Council of the City of Orono, Mim1esota at a regular meeting held on the 28th day of March, 2005. ATTEST: Linda S. Vee, City Clerk Barbara A. Peterson, Mayor :? J . ./ . /,· .,· l-·J ,. 1/ L.<C-if;&Z//t~,v ,-c,:7 P:/Owners The foregoing instrument was acknowledged before me on this(76 day of /\?Ct,,-.,cA_ , 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. ><HIST! 8. ANDERSON i'<OTARY PUBLIC-MINNESOTA My Commissioo Ex~res Jan. 31, 2007 STATE OF MINNESOTA COUNTY OF HENNEPIN Notaiy Public The foregoing instrnment was acknowledged before me on thisc=f/1 '-day of F'Vt(LJ1 c. r-..:,. 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. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Commission Expires Jan. 31, 2010 "---' ·,,,? -~,, ( Cc -c v--·<....--t.::.. Notaiy Public Page4 of 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 52~~ This instrument was acknowledged before me this ~ ~3 day of (l'")c,-v.A--, 2005 by Ben Faus, l=-Ye s:1 dz. v--+---, on behalf of Faus Family Investments; LP. ~ -,,::-;.,~~e { KRISTI 8. ANDERSON ~ NOTARY PUBLIC -MINNESOTA_ '.·! . My Commission Expires Jan. 31, 200, • \}.,;::·:.:~~;~~~~~~:. Notary Public Page 5 of 5 0 .,, g 50 0 "' @ .. \ l.O co r--r--N N oo zz ClQ V) V) • lD co r--r-- N N ala z z a o VJ VJ .... ..... 1.198 XHIBIT A E TIONNO. RESOLU \70•' 418.8 ~ 7d.O - TTEO SHORE ~~[ 8. PLUMMER'S -PLA DETAIL OF ~O PLAT {3~•o SEE RECO -, ... •.•