HomeMy WebLinkAboutResolution 4180 i ^ ,
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� �'�i RESOLUTION OF THE CITY COUNCIL
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��t� ' No. 4Y � 4
J A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2,
10.55, SUBDIVISION 8, AND
�,�,.��� ::._ : 10.56, SiJBDIVISION 16 (C & L)
,_ � FILE NO. 2421
WHEREAS, James and Joann Jundt �liereinafter "the applicants") are the owners
of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
(EYhibit A attached); and
WHEREAS, the applicants have applied to the City for renewal of variances to
Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56,
Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground
grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone v�,�here no
hardcover or structure is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2421.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission briginally reviewed this variance request on
Septemher 16, 1996 and recommended approval of the proposed variances to
restore tlle lakeshore stairway system, retaining wall and underground grotto,
based upon the following findings:
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A. The property is unique for a number of reasons, including its age, its
history and the fact that applicants have been diligently restoring the
property to its former splendor.
B. The proposed work involves restoration of amenities or structures which
already exist, and does not propose any new buildings or amenities.
C. The 650' length of the eastern shoreline justifies the existence of as many
as four lakeshore stairways to provide access to the lake from the higher
portions of the property which aze as much as 25' above lake level, and
the steep slopes east of the house suggest the need for stairway access.
4. The City Council on October 28, 1996 adopted Resolution No. 3786 granting
approval of the requested variances.
5. Pursuant to request by the applicant and upon recommendation by the Planning
Commission, on October 27, 1997 the City Council adopted Resolution No. 3986
renewing approval of the requested variances.
6. On October 19, 1998 the Orono Planning Commission reviewed the current
request for variance renewal and on a vote of 4-0 recommended approval,
finding that the findings and conditions of the prior approvals as noted in
Resolutions No. 3786 and No. 3986 are still valid and appropriate.
7. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety and
welfare of the community.
8. The City Council finds that the conditions existing on this property are peculiaz
to it and do not apply generally to other property in this zoning district; that
granting the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
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demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants renewal
variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision
8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore
stairway system, retaining wall and underground grotto, subject to the following conditions:
1. The restoration work shall not exceed that contemplated or proposed in the
submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed
the pre-existing level of 0.7% as indicated on the site restoration plan attached
as Exhibit B. Applicant is advised that any future proposal to add hardcover in
the 0-75' lakeshore setback zone might be approved only in conjunction with the
concurrent removal of existing hardcover, resulting in no net increase in
hardcover in the 0-'75' zone.
2. Structural restoration of the existing boathouse is specifically not a part of this
approval, and structural repairs to that building shall be reviewed by the
Inspections Department and if determined to require variances, shall be brought
forth to the Planning Commission and City Council as a separate application.
3. Authorities granted by this variance run with the property not with the
applicants, 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 variance
will expire on that date (October 26, 1999).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
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���e- -� C ITY of ORONO
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5. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and
assigns, hereby agree to the recording of this resolution in the Chain of Title of
the property.
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 26th day of October, 1998.
ATTEST:
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Lin a S. Vee, City Clerk Gabrie Jabbour, Mayor '� ' -
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Prop; y Owner (
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
October, 1998 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.
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STATE �F MINNESOTA )
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COUNTY OF HENNEPIN )
On this ��h day of ��_ �r , 199Q before me�a Notary Public within
and for said county,personally appeared �',�n n -�c�nclt���r� fo 'r n,�s .Tu�t
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.
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STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
On this,� ,;: �, �{ day of i"�'�-�-;r.,� , � - , 199�� before me a Notary Public within
and for said county,personally appeared � ,,,,.� 'j� �f �T „ � , , ;� c� 7r� J��r.: � __�;: . �,/�
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.
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
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
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. ' ' " RESOLIITION #�i180
' , ffiIBIT A
� ' Sheet 1 of 2
I;XHIBIT A
LEGAL DESCRIPTION OF PREMISES SURVEYED
Lots 5 and 6, Rearrangement of Orono Point;
Also: that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying
Southerly and Easterly of the following described line: Commencing at a point in the centerline
of Center Avenue 588.95 feet northerly from the Northwesterly corner of Lot 5, Rearrangement
c�f Orono Point; thence southerly along said centerline a distance of 5 feet; thence southwesterly
on a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence
southwesterly tange:it to said last described curve a distance of 5 feet; thence southwesterly on
a tangential curve t� the right a radius of 445.72 feet a distance of 119.25 feet; thence
sa.��t�westQr.ly �ng€nt ta sai�S last c;e��ribed rurv� �. ��stz:!ce of 1Q7.3 feet; th�nce westerly
making an angle of 4� degrees 42 minutes to the:riglit a distance of 79.3 feet to the shore of
Lake Minnetonka and there terminating; subject to Border Avenue as opened by Document no.
2092886; .
Also that part of vacated Center Avenue as said Center Avenue was dedicated to the public in
the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the
northerly line of Lot 4, said Rearrangement of Orono Point and northerly of a line drawn
westerly perpendicular to the west line of said Lot 4 from a point on said west line distant
182.29 feet northerly from the southwest corner of said Lot 4; also that part of the westerly half
�f vacated Center Avei�ue lying southerly of said above described perpendicular line; and also
�!���t part of ti:�: weste:��� half of vacated Center Avenue lying northerly of the westerly extension
of the northerly Iine .,t �aid Lc�t 4 and lying southerly of a line drawn easterly at right angles to
the westerly line of _�id vacated Center Avenue from the point of intersection of said westerly
line with a line drawn 10 feet easterly of the following described line: Commencing at a point
in the centerline of said Center Avenue distance 588.95 feet northerly from the northwesterly
comer of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of
beginning of the line being described; thence southwesterly along a tangential curve to the right
with a radius of 221.I7 feet a distance of 169.38 feet, and said line there ending.
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• � � RESOLDTION ��+I80 —.
� . , ffiIBIT A
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That part of vacated Border Avenue as laid out and dedicated over and across part of Lot 9 in
said Rearrangement of Orono Point which lines between the westerly line of said Center Avenue
and a line drawn across said Border Avenue at right angles to the side line of said Border
Avenue from the point of intersection of the centerline of said Border Avenue with a line
described as follows: Beginning at a point in the centerline af said Center Avenue distant
588.95 feet northerly of the northwest comer of said Lot 5; thence southerly along the centerline
of said Center Avenue a distance of 5 feet; thence southerly and southwesterly along a tangential
curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly
tangent to last said curve a distance of 5 feet; thence southwesterly along a tangential curve to
the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to
last said curve a distance of 107.30 feet; thence southwesterly along a tangential curve to the left
- k�i.a a r��:i�ls of SS f�et a di�ta�:.� G� 19.7 f�et; th�:�.e sautherly tanDent to last said curve a
distance of 6.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7
feet a distance of 53.9 feet; thence southerly tangent to last described curve a distance of 20.5
feet; thence southerly on a tangential curve to the left with a radius of 78.1 feet to its
intersection with the centerline of said Border Avenue, and said line there ending.
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' • I.AKEMINNETONKA ___�.y,--'-� ----- �' � --------- -=------
� � � RESOLDTION #4180
i i • Jundt Residence ffiIBIT B-2
i ;�` . 1400 Bracketts Point Rrx�d
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, , Orona, N�I 55391
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�cr�o Restoration of E�sistirig Boa use & GrottA.
� � June 1996 .
' � GRO i i 0 � � LEVEL ANO RES�T EXISTING
i i STAIR SLABS
' ' INCLUDE STA1R REPAIR
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RESOLUTION# �' ��� �'�
STATE OF MINNESOTA )
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COLTNTY OF HENNEPIN )
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CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing 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 October 26. 1998 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 30th day of
October , 19 98 .
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Linda S. Vee, City Clerk
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