HomeMy WebLinkAbout1985-11-25 Resolution 1886City of ORONO
RF'JOLUTION OF THE CITY COUNCIL
A RESOLUTION GRANTING A
CONDITIONAL USE PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 5
FILE #972
WHEREAS, Shaver Corporation of Wayzata, a Minnesota Corporation,
(hereinafter "the applicant") has an interest in the property located at
1080 Ferndale Road West within the City of Orcno (hereinafter "City") and
egally e i ed as fo lows:
That part of Lot 6, North Shore Cottage Acres, Lake Minnetonka,
lying Northwesterly of the following described line: Commencing
at the most Easterly corner of said Lot 6; thence Northwesterly
along the Northeasterly line of said Lot 6 a distance of 40 feet
to the point of beginning of line to be described; thence South-
westerly parallel with the Southeasterly line of said Lot 6 to
the Southwesterly line of. said Lot 6 and said line there
terminating, and that part of Lot 9, North Shore Cottage Acres,
Lake Minnetonka, described as follows: Commencing at the North-
west corner of said Lot 9; thence South along Westerly line 25
feet; thence at an angle Southeasterly parallel with North-
4 easterly line 25 feet; thence at right angles Northeasterly
parallel with Westerly line '25 feet to Northeasterly line also
being the County Road; thence Northwesterly to point of
beginning, (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to allow construction of an accessory structure (dock) on a
property that is unable to sustain a principal structure; and
WHEREAS, per Section 10.03, Subdivision 5 the City must
approve a conditional use permit in conjunction with the granting of
such a variance as the proposed accessory structure and use of the
property must be formally recognized as a legal non -conforming use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as.Zoning File #972.
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District.
3. On October 21, 1985 the Orono Planning Commission reviewed
the application as proposed and recommended approval based on the
following findings:
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1H86
A) The total property consists of a buildable lot and a
251x25' lot separated from the building lot by a public
road.
B) The property has been recognized as one unit on the
Certificate of Title for several years.
C) The homestead or buildable portion of the property is
located 66 feet from the smaller tract that is riparian to
Lake Minnetonka.
D) The two parcels cannot be combined because they are
separated by public road.
E) The riparian tract is located within a protected lagoon
area.
F) The tract is 25 feet in width; a dock can be built per
standards of the Lake Minnetonka Conservation District
without the need for variances.
G) The riparian tract was created in 1945 prior to adoption
of formal subdivision regulations and is substandard per
current zoning standard•;.
H) Previous owner and current owner were never advised of
the need to apply for :i variance to construct a dock only
that a house must be i;uilt on Lot 6. The Orono staff had
always advised the property was riparian to Lake Minnetonka.
I) The riparian tract and portions of the adjacent public
road right-of-way are now submerged by Lake Minnetonka.
J) The City Attorney has submitted a written opinion dated
September 6, 1985 that confirms the property owner
"possesses the necessary right to construct a dock" and that
the property owner may use portions of the dedicated public
right-of-way not used by the City if this use does not
conflict with the public's use of the roadway or create
hazards in the public use of the road right-of-way.
K) The use of an independent tract for solely riparian
purposes by a neighboring property divided or separated by
public or private easements or public right-of-way is
consistent with current patterns of use of the lakeshore
within the City.
Page 2 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1886
4. 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 applicant's
attorney and the effect of the proposed use on the health, safety
and welfare of th - community.
5. The City Council finds that granting a Conditional Use Permit
and Variance to allow the use of the property as a riparian lot
with an accessory dock not to 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 neigh-
boring properties, nor will it depreciate surrounding property
values and that the proposed level of use of the property will be
in keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
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 10.03, Subdivision 5 and a variance per Municipal Zoning
Code Section 10.23, Subdivision 5 (A) to permit construction of an
accessory dock on a substandard lot that cannot sustain a principal
structure thereby establishing a legal non -conforming use of the
property, subject to the following conditions:
1. Execution of a special lot combination agreement recognizing
the use relationship with homestead lot and riparian lot.
2. Dock to be constructed per Lake Minnetonka Conservation
District regulations for existing lot (prior to 1970) with less
than 40 lineal feet of lakeshore and special conditions set
forth by the City in the use of the public right-of-way.
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 misdemeanor.
4. 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.
Page 3 of 5
ATTEST:
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 1886
Adopted by the Orono City Council on this 25th day of
r, 1985.
n; City Cler
j
(i-) roperty O�taer
I
Mary C. Bµt_�er, Mayor
1-
Page 4 of 5
Form 91,186.4
STATE OF MINNESOTA )
) ss. (Corporate Acknowledgment)
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this
day of .0 1986, by
Tit e)
u
(Name of Corporatio )
a Minnesota Corporation on behalf of the corporation.
1,21
�'""� " 10
UNW-MUME8071 NO Rl PUBLIC
w�
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City
of Orono per Minnesota Statutes 386.77.
State Deed Tax Due Hereon: Exempt
This instrument was drafted by:
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
473-73 57