HomeMy WebLinkAboutResolution 4102 �,: ,
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�D. - CITY of ORONU
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'� RESOLUTION OF THE CITY COUNCIL
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A �SOJL�T�I�N GI�.AI�1'�'i11��
� CONDITIOIVAL iTSE PJEktIVIIT
PE�t 1VitJiVICIPAL ZOIVYI�G COD�
� S�C'��O1V 10.09 AN� SECTION 10.56, SUS)D�VT�I�3IIeT 3 (29)
, FILE NO. �37G
'�'�HEIZEE1.�y Richat•d W. and Marian Brawn (l�ereinafter i:hz "applic�nts") are
the o�vner.s of the property located at 2685 Shady�vood Road witnin �the City of Orono
(hereina�er "City") and legally described as: ' �
Lot 24, Pheasant Lawn, Hennepin County, Minnesota (hereinafter "property");
and
�, Vd]H[�I�LAS, afte� dtte published ancl xnailed notice in accerdance with Mirmescta
Statutes and the City of Orono Zoning and Plarining Codes, the Oroi�o Planr�ing Cominisszu�i
held a public hearing on June 15, 1998, at which time ail persons desiring to be heard
conceining this application were given the opportunity to speak tliereon; and
W�IE:2EAS, t'ne applicant has applied to the City for a coi��i�tional use �enniL
to Municipal Zoning Code Section 10.56, Subdivision 3 (29) to permit repair work to le��el a:l
� existing boathouse by replacing structural support posts. A conditianal use perfnit is required �
to work below the Ordinary High Water Level (OHWL). ' •
� �NOW, '1'Y�E�t�]EFOR�, BE IT I��O�L��� by tlie City Council of Oror�o,
Minnesota: .
�'IIoTDING�
_ 1. This application tivas reviewed as 7oning File #.2376. i
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, 2. The properry is Iocated in fi11e LR-1B Zoi�in.e Disirict, wh.ere 1 acre is the �
miniinum Iot area. The property consists of 1.18 acre or 51,777 sq. ft.
3. The Orono Planning Commission reviewed tliis application on 3un� 15, 19�8 aiid
�--� recoinmended appraval on a vote of 7 to 0.
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4. The Planning Commissioii made the following findings of fact:
a. The proposed repair work is in conlpliance with the objectives of the
zoning code and the LR-1B district.
b. The repair work will not change the size or locatioii of ihe structure. �
c. The repair work is necessary to retain the property owner's interest in the : ,
property.
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' d. The v��ork below the Ordinary High Water Level (I�HWL) will not have ' �°'
a negative impact ori the lake or envirorunent.
5. The City Council fmds that granting a conditional use permit will not Ue
� detrimental to the health, safety or general welfare of the public, would not
adversely affect liglit, air nor pose a fire hazard or other danger to neighUoring
properties, nor will its use depreciate surrounding property values and tl�at tlze
proposed level of use of the property will be in keeping with the intent and
objectives oi the Loning Code and Comprehensive Plan of the City.
5. The City Council has considered this application including the findings and
� recommendations of the Planning Coinznission, reports by City staff, comnients
' by the applicant and the effect of the proposed.conditional use permit on the •
. health, safety and welfare of the corrununity.
CONCLUSI�I�1S, OR�EI2 A1VI9 CONI)ITIONS
Based upon one or more of t11e above findings, the Orono City Council hereby
grants a conditional use permit per Municipal Zoning Code Section 10.09 and:Section 10.56,
Subdivision 3 (29) to permit repair to' the structural support of an existing boathouse where a
conditional use permit is required to worl: below the Ordinary High ViTater Level, subject to
, the following conditions: � :
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1. The size of the boatliouse structure shall not bP increased.
'" 2. The construction shall confornl to buildinb code requirements.
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'�' RESOLUTION OF THE CITY COUNCiL
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' 3. The construction shall be substantially similar to the submitted plans dated May .
15, 1998, as reviewed and approved by the Building Official.
4. The applicant shall remove the wood from an old fence around the boat house.
5. Authorities granted by this resolution run with tlie property not with the o�vner
but are permissive only and must be eaercised by application for a Iand
alteration pernZit within one year of the date of Council approval or the special
conditions of this resolution will expire on that date (Juiie 22, 1999).
b. Violation of or non-compliance with an.y of the terms and conditions of this ;
resolution sliall constitute a violation of the Zoning Code, shali autoinatically
terminate any authority granted herein, and shall Ue punishable as a
misdemeaiZOr.
� 7. The undersigned applicants have read, undcrstood and hereby agree to the terms `
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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
tl�e propei�y.
Adopted by the Orono Ciiy Coluicil on this 22nd day of June, 1�98.
ATTEST: � '
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Linda S. Vee, City Clerk , Gabri Jabbour, Mayor
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��b - . CITY of ORONO
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'ti RESOLUTION OF THE CITY COUNCIL
��`9.ItE Hp4'�'G NO. 4 1 O �
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STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN _ ) . �
The foregoing instrument was acknowledged before me on i.his 22nd day of June,
1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of Orono, a
Minnesota municipal corporation and said instru.ment was executed on behalf of the City.
No Public
STATE OF MINNESOTA )
) ss.
� .COUNTY OF HENNEPIN ) '
On this �S`� day of u�c.� , 199 g before me a Notary Public within
and for said county, personall ppeared Gc��:r�2�� /3�v�
known to me to be the person(s) described in and who executed the foregoing insmzment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
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N ARY 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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