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HomeMy WebLinkAbout1986-04-11 Resolution 1983City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1983 A RESOLUTION GRANTING A PFRXIT FOR THE PRIVATE USE OF THE RIGHT-OF-WAY OF FERNDALE ROAD PER MUNICIPAL CODE SECTION 12.07 FILE NO. 972 WHEREAS, Shaver Corporation of Wayzata, a Minnesota Corporation, (herinafter "the applicant") is the owner of the property located at 1080 Ferndale Road West within the City of Orono (hereinafter the "City") and legally described as follows: 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 Southwesterly 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 Northwest corner of said Lot 9; thence South along Westerly line 25 feet; thence at an angle Southeasterly parallel with the Northeasterly 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, per Section 12.07, the applicant has applied to the City for a permit to allow the installation of a residential dock on an unused portion of Ferndale Road West adjacent to applicant's submerged riparian lot (P.I.D 02-117-23 43 0011). Minnesota: NOW, THEREFORE, BE IT RESOLV3D, by the City Council of Orono, FINDINGS 1. The application was reviewed as part of Zoning File No. 972. 2. On November 25, 1985, the Orono City Council (hereinafter "Council") granted a conditional use permit to the applicant (Resolution #1886) approving the installation of an accessory structure on a substandard riparian lot that can not sustain a principal structure. A condition of that approval required that the applicant execute a special lot combination recognizing the proposed pattern of use and his•:oric ownership relationship between the homestead and riparian lots separated by Ferndale Road West. Page 1 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 1983 3. The Council reconfirms and once again adopts the special findings noted in Resolution #1886 for this permit review. 4. Council wishes to restate the following specific findings in granting the permit for this unique property: a) The applicant's property consists of 2 separate parcels divided by a public road. The properties can not be legally combined. b) The riparian tract was created in 1945 prior to the adoption by the City of formal subdivision regulations, the riparian tract is substandard per current zoning standards. c) The properties are divided by a 66 foot public road right-of- way. d) The original owner of the property, Henry Skarp, created the riparian tract specifically to provide riparian access for the interior Lot 6. e) The two properties have been recognized as one unit on a Certificate of Title for several years. f) The City of Orono staff has considered the property riparian to Lake Minnetonka and has advised the previous and current owner as such. g) The proposed private use of the unused portion of right -of -.,Ay of Ferndale Road West will not conflict with the public's use of the roadway or create hazards in the public use of the road right-of-way. 5. The Council has considered this application, reports by staff, the written and oral comments of the applicant and applicant's agents and the effect of the proposed use on the health, safety, and welfare of the community. 6. The Council finds that granting a permit for the proposed private use of a public property will not be detrimental to the health, safety, or general welfare of the public, nor pose 3 fire hazard or other danger to neighboring property, is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. Page 2 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 198.3 CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a permit per Section 12.07 of the Municipal Code to permit the installation of a residential dock on the unused portion of Ferndale Road West subject to the following conditions: 1. Owner is placed on notice that the City is granting a provisional permit by which the City retains the right to ask for removal of said dock if the improvement of Ferndale Road West is realized and the expense of the removal of said dock shall be borne by the owner. 2. Dock structure shall not extend into dry shoulder area of right-of- way. 3. Applicantmust apply to the City of Orono for a building permit prior to the construction of said dock. Applicant must also provide approval by the Lake Minnetonka Conservation District of the plans for dock construction and placement. 4. Pedestrian access to dock allowed only. Future users of the dock may not park automobiles or other mobile vehicles ithin the used right-of-way of Ferndale Road West. 5. The undersigned shall indemnify and hold harmless the City, the City Council, and agents and employees of the City from and against all claims, damages, losses or expenses, including attorney fees, which the City, City Council and agents and employees of the City may suffer or for which it may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations in consequence of the applicant's proposed private use of the unused portion of Ferndale Road [vest. 1986. Adopted by the Orono City Council on this 14th day of April, roperty--Ao"e L � Mary C. Bptler, Mayor 1 -T-Y,k4te" Pate 3 of 4 1-(JI IIl 41.46o. •n RESOLUTION 1983 STATE OF MINNESOTA ) ) ss. (Corporate Acknowledgment) COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this 1L_ day of (�,�nt� , 1986, by t (Name of Corporation—� a Minnesota Corporation on behalf of the corporation. i1N A.�ERHARD30N l� .c�ct'Zu-t1za.1Z� Le I P My P U0 MINNEICTA NO'y RY PUBLI /v1 P/eS 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 473-7357