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Home My WebLink AboutResolution 4331 � : , �� o . �b. - CITY of ORONO � � �,� G'� RESOLUTION .OF THE CITY COUNCI L . � �9kESIi�4�' . � � NO. � � � ,��`�i_;� . _ � . A �SOI,UTION GItANT�TG VARIANC�S PER � NIIJNIC�I.'AL ZONING CODE SECTION 10.22, SUB�II�SION 2 �1VD SECTiON 10.56, SUBDIVISION 16 (Y..) (1) AND A CONDI'�IONAL USE PERIVII�' PElt SECTI0101 10.03, S�JBDIVISION 19 FII.E 1�T0. 2501 V6��RE�,S, the City of Orono (hereinafter the."applicant") is owner of a public , dock and landing located at 3601 Bayside Road within the City of Orono (hereinafter "City"); and W�IEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on June 21, 1999 and July 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and � � , WI�EREAS, the applicant has applied to the Ciry for variances to Municipal � Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit an access trail within the 0-75' lakeshore setback to provide public access to an existing City dock located on the North end of Stubbs Bay. The trail requires 180 sq. ft. of hardcover in the 0-75' lakeshore where no hardcover is normally allowed; and WgiEREAS, the applieant has applied to the City for a conditional use pemut to � Municipal Zoning Code Section 10.03, Subdivision 19 to allow filling of 180 square feet of a non-Orono protected wetland; grading within the 0-75' lakeshore setback and within 5' of a properry line; and placement of 12 cubic yards of �11 material within the 0-75' lakeshore setback; to permit access to an existing City dock located on the North end of Stubbs Bay. . � I�TOW, �HEREFOI2E, �E IT �SOI,�D by the City Council of Orono, Minnesota: . � . FIlVDIlVGS 1. This application was reviewed as Zoning File #2501. � 2. The Planning Commission reviewed this application on July 19, 1999, and� � recommended approval on a vote of 6�to 1. � � Page 1 of 4 , . . , / O � ' (I � � . � - • O . O • �i ��b - CITY of ORONO ; � � � �,�, G'ti � RESOLUTION OF THE CITY COUNCIL . . . ��kESII�4�' . � � : NO. � � � �' ._.�x . � . :i . The Planning Commission made the following fmdings of fact: A. The municipal dock has been located south of the Stubbs Bay Road and Bayside Road intersection for many years. B. The dock has been used as a public dock for many years. Historical air photos indicate the docic has been located in this area since before 1955. C. The dock has provided public access via a narrow path of crushed rock from the street side to the dock. � D. A recent survey on an adjacent property revealed the dock was located on - private properry and not public land. The City has a platted 30' wide conidor to the lake from Bayside Road, known on the plat as Oak Street, where it has been thought the dock was located. • E. Oak Street was platted on the south side of Bayside Road as part of the . Bay View Park Addition. i F. Upon discovering the dock was not on public property, it was relocated II ' to the present site, within the "Oak Street." . '�, G. The access path to the relocated dock requires a variance to exceed allowed hardcover on the site and a conditional use permit to allow filling � of 180 square feet of a non-Orono protected wetland; grading within the 0-75' lakeshore setback and within 5' of a property line; and placement of 12 cubic yards of fill material within the 0=75' lakeshore setback; to - permit access to an existing City dock located on the North end of Stubbs � Bay. The fill is required within a non Orono protected wetland to provide easy access and handicapped accessibiliry. .The grade is uneven providing difficult access. . � H. Wetland fill shall be minimal so not to affect the treatment of water entering Stubbs Bay. � � Page 2 of 4 . i • � '�1 O • 7 � , � O O �b - CITY of ORONO � � � . �,� G'�F . . . RESOLUTION OF THE CITY COUNCIL � ��ESII�4��' . � � � NO. � �2 � �a ' � . I. The site has historically been used as a snowmobile access to Stubbs Bay. The Luce Line Trail located north of the bay is open for snowmobile use west of Stubbs Bay Road. The access is the link between Lake Minnetonka, the Luce Line and Stubbs Bay Road. 4. The 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 variance would not adversely affect traff'ic conditions, light, air nor pose a �� fire hazard or other danger 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. � 5. The City Council finds that granting a conditional use permit to allow an access . � . trail to provide public access to the City 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 property, nor will its use depreciate surrounding property values and that the proposed level of use of the progerry will be in keeping with the intent and objectives of the Zoning Code � and Comprehensive Plan of the Ciry. . 6. � The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDEA ANI2 CONI9ITIOleTS � Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit an access trail within the 0-75' lakeshore setback to provide public access to the City dock located on the North end of Stubbs Bay and grants a conditional use permit per Section 10.03, Subdivision 19 to allow less than 400 cubic feet of wetland to �� permit an access to the public dock, subject to the following conditions: - � � Page 3 of 4 � •�, r, , : � . . / . . . . � . . ' � . . � O� . • O O . �b. - CITY of ORONO � � �� G'�F � RESOLUTION OF THE.CITY COUNCIL , . . � �`�kESHO�� . � No. 4 � �� : � � . . The Minnehaha Creek Watershed District shall issue a permit for land alteration � within the wetland area. 2. Authorities granted by this resolution run with the property not with the owner, but are permissive only and must be exercised by application for a building pennit within one year of the date of Council's approval, or the special conditions , of this resolution will expire on that date (August 9, 2000). 3. 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 nusdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of itself, 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 9th day of August, 1999. � . � . . ATTEST: � �� Linda S. Vee, City Clerk Gabr 1 Jabbour, Ma r STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) The foregoing inst�vment was acknowledged before me on this 9th day of August,, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor and Ciry Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. � a�E;�.."r�.,_Tw_C OLE A.HA�� •aa1 ��[-� t� �.!•, �.�> �p../ � ;��+ NOTkRYFU@UC-MIA�:�oTa Notary Public ��.� ��; � � �;.�Fs;• HENNEFINCOUNTY . My Cammissicn Er,pires Jan.31,200� c a. � - Page 4 of 4