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Home My WebLink AboutResolution 4437 'i�, n • /�- /� �11�' • � � ��b. - CITY of ORONO � ti '� RESOLUTION OF THE CITY COUNCIL '��`�kE Kp4'�'G . ' NO. ° • � `�' S A RESOLUTION GRANTING � A CONDITIONAL USE PERNIIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9 (B) FILE#2551 - WHEREAS,Thomas Michael Randgaard,(hereinafter"the applicant")is the awner of the property located at 2765 Shadywood Road within the City of Orono (hereinafter"City")and legally described as follows: � � Tracts E, F, G, H, I, J, Registered Land Survey No. 415, Hennepin County, Minnesota (hereinafter"property"); and • WHEREAS, after due published notice and mailed notice in accordance with l�Iinnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Corrunission held public hearings on January 19, 2000 and March 20, 2000 at which times all persons desiring to be heard concerning this application were given the opportuniry to speak thereon; and • WHEREAS, the applicant has applied to the City for a conditional use permit to permit a 14 foot extension to an existing permanent dock. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, vlinnesota: FINDINGS 1. This application was reviewed as Zoning File#2551. 2. The property is located in the LR-1B Zoning District. 3. The Planning Commission recommended by a vote of 5 to 0 to recommend approval of the conditional use permit based on the following: • Page 1 of 4 r . x � i O � � • O O ��,. - CITY of ORONO � � �� G'� RESOLUTION OF THE CITY.COUNCIL ��xESH�S�c� . NO. � � � `� . A. The Lake Minnetonka Conservation District has issued a permit for the dock extension of 14 feet. B. The Hennepin County Sheriff s Water Patrol has reviewed the request and determined the dock extension does not create a navigational problem. C. Several adjacent property owners have expressed concerns regarding safe access to the channel for their individual docks if the extension is app'roved. D. To not further obstruct access to the channel no parking of boats shall be allowed on the 14 foot extension. Only that portion of dock that had existed ' previously shall be permitted for boat parking. 4. The City Council fmds that granting a conditional use permit to permit a 14 foot • eactension of the existing permanent dock will not be detri.mental to the health,safety or general welfare of the public, will 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 obj ectives of the Zoning Code and Comprehensive • Plan of the City. . 5. The City Council has considered this application 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 10.55, Subdivision 9(B),to permit a 14 foot extension to an e:�isting permanent dock, subject to the follo�ving conditions: 1. The applicant maintains active licenses with the LMCD and DNR. • . Page 2 of 4 ._ . ' : / O - � � • O O ��e. - C ITY of ORONO � � �� G'� RESOLUTION OF THE CITY COUNCIL ��kESH.04�' � NO. � � �, `� � 2. The dock does not cause navigational problems or obstruct access within the channel per LMCD requirements. If naviQational problems occur,this conditional use permit shall be subject to review by the City Council. 3. Future replacement or alteration of the dock will require a new conditional use permit from the City of Orono. 4. No parking of boats is permitted along the 14' extensions and to not further impair access to other docks in the channel. 5. The temporary dock shall have a dock permit issued from the City of Orono. 6. � Authorities granted by this resolution are permissive only and must be exercised by application for a building pernut within one year of the date of Council approval or this conditional use permit will espire on that date (April 10, 2001). • 7. 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. 8. 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 l Oth day of April, 2000. ATTEST: ` U�� - Linda S. Vee, City Clerk Gab 'el Jabbour, May � VL4�5 ��C.V�L✓ • . Property Owner • Page 3 of 4 I � J /�_ � O� , � O O ��b. - C ITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`q.kE p4��'G � NO. � �e� �� .� SI; STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) . The forgoing instrument was acknowledged before me on this 10`� day of April, 2000 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. HEIDI N.STURMAN NOTARY Pt�Bt,IC-MMINESOTA �r�n�res�an,3t,2�5 Notary Public � � STATE OF MINNESOTA ) ) ss. . COUNTY OF HENNEPIN ) � � Ori this�day of �`i��'� ,200�'j before me a Notary Public within and for said county, personally appeared `rj��-►��S Mi��hqel Qa.�d�.,-�, cr S��e.��a+-� 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. , � HEIDI N.STURMAN , - ��-�� Notary Public My�{pn Expires Jan.31.20b5 . . � - Page 4 of 4