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Home My WebLink Aboututility easementIF fly, -z. •:nz r :, :;fir Jt7J • Doe, No. 2297031 Filed July 19, 1945, at 2:30 W olnok i°, M, We, John S, Pillsbury and Fleanor It. Pillsbury, his wife, in oonsiderattnn of the r sum or One ($1,00) Dollar. reoeipt Whereof 18 hereby acknowledged, do hersuy sell and convey to Northwestern Hell Telephone Company, a corporation, all of our right, title and interest In and to the +underground telephone cable and conduit now installed in the following desoribed premises in the Rearrangemant of Orono Point in the mown of Orono, County of Hennepin, State of Minnanotap according to the map or plat thereof on file or of record in the nfflos of the Register or Deeds in and for said County, to -nit: Lots v and 4 ('including adjoining 1A) of Center Avenue vacated), All or lots 5 and 84 Thal part of lone 9 era LD ark Lha ancretlona Lherato lytnR Southerly and Easterly of tha following described lint: Conananoing at a point in the center line of Center Avenue 599-95/100 ft, Northerly from thv Northwesterly corner of lot 50 thence Southerly along said cantor line 5 ft „ once Southwesterly pn a tarKentlel curve to the right with sad Ute�pf 221 17,r100 f , ftto the shore of Lake Minnetonka and there terminating Including adjoining part of :enter Avenue vacated part Of Border Avaraae vacated and except port Laken for opsnitlg Corder Avenue, And we do hereby grant to raid Northwestern Poll Tstephune Comparyr, its ruoceesorr a ni arrigaa. the perpetual right to �Perate and maintain said +mderground cable and conduit, Witness our hands this 11 day of Jan„ 1945, Wit serer: Hedvtg J, Nelson Harley R. Hyre BoaN of Minnesotr rr County of Hannpih Jahn S. Pillsbury Eleanor La Pillsbury P • Oa thi■ 120h day of Jaaneery, 1o4iS, befors,su� a Notary Yubliu is a� Cor aaid.Coutttyy ysrsonally'''app�ased Jo1+ri 19; P11114uiy 'dam Sieahor L, Pillsbury, his wire, is rN kaowa tCF+o b• the.par11*s. seatisaed in the. rer`geiaB. irsfruMaal a1W who aaerufid the memo. &.M tlN7 t3 CF did aokA*V1Vdr±-'i *q fAii..0 iO4 . firs art and des/, ,st ai- the ft�N'. T... 4 !` it ' 10 F. I dy, ..z ,..x. Y.1t.�+' ,: %'4�, n'�'s• -Li• ,.,s..�.`_s�t2N._ . _ . �:-:x'.R ..57Xs:`.'3''n'�;z<�:v�kr* .: J�a.?:d <,- .. �! PARTIAL RELEASE 5357598 ORIGINAL of EASEMENT A1W 3 KC l6011 MAWS! EXHIBIT "A". 1Gc lobe MW.aV4 Lots 3 and,.4 (including adjoining I of Center Avenue vacated). All of Lots 5 and 6. That part of lots .9"_and 10 and the accretions.thereto lying southerly and easterly of the following described linei Commencing at a point in the centerline of Center Avenue 588=95/100 feet northerly from the northwesterly corner.of.Lot 5, thence southerly along said..centerline 5 feet, thence southwesterly on a tangential curve to the right with a radius of 221-11/100 feet a distance of 16948/100 feet, thence southwesterly tangent to said last described curve 5 feet, thence southwesterly on a tangential curve to the right with a radius of 445"72/100 feet a distance of 119-25/100 feet, thence southwesterly tangent to said last described curve a distance of 107-3/10 feet, thence easterly taking an angle. of 44° 12' to.the right 79-3/10 feet to the shore of Lake Minnetonka and there terminating including.adjoining.part of Center Avenue vacated part of Border Avenue vacated and except part taken for opening Border Avenue., all in rearrangement of Orono Point. Excepting and reserving; however, an easement 16.5 feet in width, being all that part of the above described property which lies within a distance of 8.25 feet on each side of the lines described as follows,:.- LINE.1 Commencing at the. Northwest corner of. Lot 3, rearrangement of Orono Point, and assuming for the purposes of this description that the southwesterly line of said Lot 3'bears.S 00055118" E; thence S 08*49140" W a distance of 263,98.feet to a point.hereinafter referred to as Point A, which point is the actual point of beginning of .the line to be described;.thence S 15017'13".W a distance of 13.34 feet; thence S 47°27'22" W a.distance of 30.52 feet; thence'S 47631'45" W a distance of 62.33 feet; thence S 57033153":W a distance of 143.63 feet; thence S 51°21'16" W a distance of 31.43 feet; thence S 41°21'05" W a distance of 18.88 feet; thence S 35°09'18" W a distance of 14.97 feet; thence S 27*37133" W a distance of 28.98 feet;..thence S 15°12142" W a distance of 33.46 feet; thence S 10°04'56" W a distance of 15.65 feet; thence S 02°31'05" W a distance of 40.96 feet; thence S 00030'.09" E.a distance of'117.41.feet; thence S 05041147" W.a distance of 39479 feet; thence S 12°2523" W.a distance of 102.26 feet; thence S 03*17102" W a distance of 18.331eet; thence S 01012'34" E a distance.of,.27.00 feet; thence S 28028141" E a distance of 208.58 feet; thence S 30°24'16" E a distance of 63.78 feet; thence S 28°23134" E a distance.of 94.78feet, thence S 224653'36" E a distance of 66..06 feet; thence S'16°10'30".E a distance of 50.36 feet; thence.. S 14019'57" E a distance of 36.11 feet; thence N 20"3130" E a distance of .. 2.16.feet thence S 24°24'06":E a distance of.12.32 feet; thence Id F S 12° 34'25".E a distance of. 19*47,feet; thence S 08053138".W a distance of 7.95 feet.;.thence S 13°46'1" .2E a distance of 75.35 1feet;.thence S.25120'14" E a distance of 15.44 feet;. thence S 21°47'27." E a distance of 10:48 feet; thence:S 40*14134" W a�distance of 5,20 feet;. thence S 22°33'42" W a distance et thence S 13°13'53" E a. distance of 134.36 feet, and. there of 3.77 fe terminating. :LINE 2 19 99 ;Beginning at`the;above described Poihat _"A'9 thence S.00°35'33" E.a distance ther"termnng.of 436.65 feet,and i- ALSO: EXCEPTING AND...RESERVING; the right. -of -access to thedabove.described easement strips.across the balance `of the property herein released. r z: 4�, ,. r �± .: t . ;:ii Subsorlbed and sworn to before me this Und day of May, 1941, Jone IIt C, Vesely Joseph C, Vesely, Notary Public, Fiennapin County, Minnesota. My commission expires Jan. 29, 1943. (Notarial Seal) JJJJJJJJJ Dao, No. 209288E3 riled June 9, 1941 at ,5:2G o'clock P. M, 422177 State of Minnesota County of Hennepin In the Matter oi' the Pat it ion of ) John 3, Pillsbury, Eleanor L.Fillebury, ) his wife, Elbert L. Carpenter and Florenoe Welles Carpenter, his wife, for Lhe alteration of certain parts of the ) Plat of the Rearrangement of Orono Point) in the County of Hennepin and State of ) Minnesota, ) Diatriot Court Fourth Judicial District Order Altering Flat The above entitled matter Dame on for hearing before this Court at a special texm thereof hold at the Court House in the City of Minneapolis, Hennepin County, Minnesota, on the 6th day of June, 1941, pursuant to an Order of this Court dated the 12th day of May, 1941, Mesare, Faegre, Benson &Krause appeared an attorneys for said petitioners and no one appeared in opposition, It appearing that notice of this hearing was properly given as required by law and that the Court had jurisdiction in the premises, the Court, having reed the Petition, having beard the evidence adduced at said hearing, having heard the remarks of counsel and being fully advised in the premises, new makes and adopts the following: Findings Of Faot@ i.•Thet that certain bay in Lake Minnetonka,'tha shore line of which according to the. recorded plat of the Rearrangement of Orono Point on,f ile and --of reoord in the "affidO of the Register of Deeds in and for the County of Hennepin and State of- Uinnernoti fords ths;geeats part of the northerly boundary of Lot Nine (9) in said Rearrangement of Orano"Point and the_ greater part of the southerly boundary of Lot 'yen (10) in said Rearrangement. of -Orono, Point, is filled in, reclaimed and graded to substantially the same level as said adjaeent Lots 3(ii (9) and. Ten (10). a. 'That John 8. Pillsbury' and Eleanor L: Pillsbury, hip wi3'e, ere. this bimsrrius•�aa,;t.�, jaws tanams and not ae..t,enants in ooamon► and are in p0eseial0n and OODUp9Y10y=:8f till .J. following desanibod larA. looated in skid County .of ffenAepin and. Ststo: of..ltisirsoKpta =via; is Lots T!►•re+ (a),'Four (a), Five (a)., dix (e) and thoo*: parts. or Ldti: Nin* .{A) ILM—'oW.+f04)- °k In said .Rsarf ement cr Orono T+01nt l7UW aauthor it. and ijt*ti ot•thr-,;.. :.: : 11" to" ItUt..1491M alg st s pol t in ths'olintst link aP'Canter" �1v .+sat: + d.at t: �'=-::: „�ftJ tg 1 '��y:_-..:J�. c.'.'t l:ti:}>: i.; 11(i ia:`�> .,,.�-.. ?..t._�:... �ir:'•y.?..*Y.,:__.A�`.:��:i:.:..,.:�f.�`�r'..:.a..a....._.._,.. ,''�.._�.�`. �._._.._...�.•._....:?n3✓uit�nro�;si6",YA�.�4a�Y�,.�' . jbU dedioated in the plat of said Rearrangement of Orono Point, whioh point is five hundred eighty-eight and 95/100 (588*95) feet northerly, measured Along the oenter line of said Center Avenue, from the Northwesterly corner of Lot Five (5) in said Rearrangement of Orono�Pc#nt; thence southerly along the oenter line of said Avenue five (6) rests thenoe Southerly and eouthwaster ly on a tangential curve to the rial;t with a radius of two :hundred twenty-one and 17/100 (221017) feet, a distauos of one hundred sixty-nine and 38/100 (159.39) feet; thence southwesterly on a line tangent to said last deaor?.bad curve, a distends of five (5) feet; thonoe southwesterly on a tangential ourve to the right with a radius or four hundred forty five and 72/100 (446.72) foet,a dlstanoe of one hundred nlnoteen and 25/100 (119025) feet; thenoe southwesterly on & line tangent to Said last deooribed curve, a distance of one hundred seven nrx) 3/10 (lo?a3) feet; thenoo westerly making an angle of forty-four degrees (440) forty-two minutes (421) to the right from said last described ooures, a distance of seventy-nine and 3/10 (70.3) foot, more or lose, to the shore of Lake Miru)etonka; together with 'all &aerations to said Lots no (b) and Ten (10) lying southerly and easterly of the above deaor#bed line including thereby that part of the above described filled in and reclaimed bey in Lake Minnetonka lying Southerly end easterly of said above described line. 3. '"hat Elbert Ls Carpenter and Florence Wells& Carpent•rr his wire, are the owners in foe, as joint tenants and not as tenants in common, and are in possession and oaoupanoy of the following described land located in said county of Hennepin and state of k+lnnelota, v1s.; Lots Seven (7) and Bight (8) slid that part of Lot Nine (q) in said Rearrangement or orono Point lying northerly and westerly of the following described line to wit; Beginning at a point in the oonter line or Center Avenue ae laid out and dedicated In the plat of Said ROarran�eeFent of Crone Point* which point to five hundred elghty-sight and 05/S00 (088096) feet northerly, measured along the center line or said Center Avenue, from the Northwesterly corner of Lot Rive (5) in said Rearrangement of Orono Point; thence southerly along the center line of said Avenue five (5) feet; thenoe southerly and southwesterly on a tangential curve to the right with a radius of two hundred twenty-one and 17/300 (281.17) feet, • distano+ of ens hundred sixty -min+ and 38/100 (169.38) feet; thence Southwesterly on a line tangentoto said last described curve, a distance 0:' five (5) feat; thence southwesterly on a tangential curve to the right with a radial of four hundred forty -fire and 7II/100 (44b.y2} teet� • distance of one hundred nineteen and 25/100 (l19.26) feat; thane+ Southwesterly on a Line tangent to said last desorlbod curve, a distance of one hundred seven and 3/10 (104.Y) fe+t; thence westerly asskln(r an angle of forty-four degrees (44e) forty -.two minutes (tit' } to the right from said last described course, a distancr'or sev+nty-nine and 5/10 (79,a) rapt, more or leas, to the shore of Lake Minnetonka; also that past of Lot Ten (10) ib said Rearrangemont of Orono Paint lying northerly and w+rt•iriy or and adjacent to said above described lira; together with all aoeret'ieas to Said Lots rein• (9) and Tan (Loj lying northerly and westerly of said above dseoribad line including thsssby that&part of the above deroribsd.filled In and roaleised bay in Laki Minnetonka lying'nertherly and westerly of said above'described line. 4. That John S. Pillsbury, 91e4nor L. Pillsbury,'his ,ill*, Nibs". G.`Ciupenter and' Plorei;oe We1199 Carpenter, his wife, UVO: Aradad aril iiaibtatmod as a. readwv rim .�..1 ^.. s.... _ - .. . - .... ......r. ... ... .. .... ..> - _.. .tip'- �'.. - --t......e. _, _... ,._ _H._: �F�u...._.a:x^�..�,_ r .:.�a,..e=�z�;•S;a�+� t.� Is UI themselves for the purpose of providing ingress and agrees to and from their said lots a ateip of land twenty (20)feat in width over and across said Lots Nine (9) and Ten (10) and said accretions thereto In said Rearrangement of Orono Point, said strip of land being tan (10) feet on esoh side of, measured at right angles to, the following described line to wit: Beginning at a point in the center line of Center Avenue as laid out and dedicated in the plat of said Rearrangement of Orono Point, which point is five hundred eighty-eight and 95/100 (588,95) feet northerly, measured along the center line of said Center Avenue, from the Northwesterly corner of Lot Fivo (5) in said Rearrangement of Orono Points thence southerly along the center line of said Avenue five (5) fast; thence southerly and southwesterly on a j tangential curve to the right with a radius of Wto hundred twenty-one and 17/100 (RS1.17) feet, a distance of one hundred sixty-nina and 38/100 (18G.38) feats thence southwesterly on a line tangent to said last dasor=bad curve, a distanoe of five (5) feet; thence southwesterly on a tangential curve to the right with a radius of four hundred forty-five and 72/100 (445,72) Poet, a distance of one hundred nineteen and 25/100 (119,25) feet; thonoe southwesterly on a line tangent to said last described curve, a distanoe of one hundred seven and 3/10 (I07,3) feet, thence southwesterly on a tangential ourve to the left with a radius of fifty-six (66) foot, a distanoe of nineteen and 7/10 (19.7) test; thonoe Southerly on a line tangent to said last described curve, a distance of six and 8/10 mu) rest; thence southerly on a tangential curve to the left with n radius of one hundred sixty-nine and 7/10 feet (189.7), a distance of firty-throo and 9/10 (53.9) foot; thence southerly on a line tangent to Said last iieaoribed ourve, a distance or twenty and 0/10 (20.6) rest; thence southerly on a tamential curve to the left with a radius or seventywaight and 1/10 (78.1) test, a dletanoe of twenty- eight and 15/100 (28,15) test, wore or less, to a point in the center line of Border Avenue AS . now laid out and dedicatsd in the plat of said Rearrangement of Orono Point. 5, That that oertatn portion of Border Avenue as laid out end dedicated cvor, and AOPese purt or :,ot Nine (9) in said Rearrangement or Orono rolnt, being that NSftion Of $aid Border Avenue that lies between the weeterly lane or Center Avenue se laid out and dedieated In the plat of said Rearracgenant or Orono point and a line drawn caress eaitl Border AvenUS s at right angles tv the stiso lines of said Avenue through amid last described point in told above described strip of load, is no longer used or traveled as a public Street $XOept to the r5 Baited extent toot the some is included in said above desoribed strip of land, and that said' portion of Border Avenue to useloss ror the purpose for which it was load out. at That tbet certain portion or Center Avenue in said NearrinResant of OrOno feint lyin4 southerly of a line drawn across said Center Avenue at right anP,iss to the aide lines of said Avenue from a point in the westerly line of Center Avenue whets sail westerly line 18 t intersaoted by the southerly line or said above dt"r/bed strip of load, is USOless for tbs purpose for which it was laid Out, to witl it publio street. t 7. That John S. Pillsbury and !leaner L. Pillsbury, his wih , or• the owners in fee, al J joint tenants and not of tenants in OOMOn, of all of those lets or portions thereof in said Rearranso=gnt of Orono Point between which its and over and aeress wbigh are laid OUt''atid above described portions or Canter and Border Avenues, 8, That all of said above described land is located in the Town of Orono in Laid County.. n and State and said Town is not orleniaod under a charter or special law providing a motbod,of: .'..ti 19 procedure for the vacation of streets or public grounds by the Municipal authorities thsralth " 9. That 411 taxes.assosaed against said land have boon paid. Conolusiona Of Law And Order It appearing to bd proper that eatd Petition ahoold b• granted, Now, Therefore, It is Ordered And Adjudged that the reoorded pla$ of the Rearrangement of Orono Point on file and of record in the ol'five of the Register of Deode in and for the County of Hennepin and State of Minnesota be and.the same In hereby altered by vacating said portion of Center Avenue hereinabove desoribed in paragraph 6 of the Findings of Faot, by Yeasting aatd portion of Border Avenue herein- above doeoribed in paragraph B of said Findings of F aot, and•.br*Juubetituting for said portion of Border Avenue hereby vaoated, and by establishing as a publlo road in lieu thereof, said strip of land herainabove desoribod in paragraph 4 of said Findings of Fact, And It Ie Hereby Further Adjudged Chet the title to eaitl pOrtione of BOTder and Center Avenues hereby vacated is vested in foe 1n John S, 1'111abury and Eleanor 1,. Pillsbury, his wife, as joint tenants and not as tenants in Oommen, Dated this d day oi' June, 1041, By The Court, Luther We Youngdahl F.adorned Judge Piled Jun 9 1041 Goo, H, Howerloy, Clerk Paul 9. Olson Deputy a12177 State of Ninneseta ) Gounty of Hennepin )"' District Court rourLh Judlofei Dtatriot I, Oeo. H. ilsmperiey. Clark of the above naewd Court, do hereby certify that i have compared the paper writing Lo which this oerosts !s attached with the eriginal. Order altering p1aL, !n the action Char♦ entitled, as the some appears of r000rd and an file in the said Clerk's offios, at the Court House In sold Hennepin County, Minnesota, and find the same to be a true and correct copy thereer, and of the whole theroof. In Tastiscny Whereof I have hereunto set etY hand and affixed the seal of said Dist.^lot Court, at the City of itinnatpolis, in acid County, Lhis 9th day of Jup6 A.D. 19i1. Qeo. 8. Bes+perlei Clerk of plstsiot Coast. 8y A, c. Tm:r�llle Deputy (District Court Seal) JJJJJJJJJJJJJ Da•. xe. OCQ400R. !•fled JMas !4� l04l, so 10:30 •�s1Nk A. M. 4, KSAAsoois Ikote DeysriMAi.O! 3�s;2tiA. �. Dirislwe sl dirit sad 31a+►t;M leieYda .liai 1lNi Kiilsstas E.all iar ,�� sea TM . yp Q ! lienpplo Now 0 xi'=: laueapoIto lie eblN, a ty I bt Y31U�q .. . (t.tl.::wI�dLet:lil.HhlYtle►dset:Ito ltstNit OW.0 • f �� AND PRIOR TAXVS PAID OEPT4 OF PROPERIY TAX S_ PURL RECORDS TRANSFER ENTERED O �l cnl' N MAR 17 1992 5�$8651 DECLARATION OF PRIVATE ROAD EASEMENT This Declaration is made as of March 6,:1992 by.and among James R. Jundt-and Mary Joann Jundt, husband and wife (the "Jundts"); George S. Pillsburyand Sall W. Pillsbury, husband and wife (the "?3��g-e i sburys") and Jo n S. Pillsbury, Jr.. and Katharine C. Pillsbury.(also.known as Katherine G. Pillsbury), husband and wife, (the "John Pillsburys"). The Jundts own Lots 5 and 6 and portions of Lots'4, 9 and 10 as legally described in Exhibit A:hereto (the."Jundt . Property"); the George Pillsburys own a portion of Lot '4 as Legally described in Exhibit B-hereto (the ','George Pillsbury Property") and the John Pillsburys own a portion of Lot 3 as .+ Legally described in Exhibit C hereto (the "John.Pillsbury Property") all in Rearrangement of Orono Point, Hennepin County, Minnesota. An access road presently .exists approximately ten feet on each side of the center line of -Vacated Center Avenue, ..Rearrangement of Orono Point, which access. road serves as access to the Jundt-Property and the George Pillsbury Property,. Due to the prior vacation of .Center Avenue, the Westerly one-half of Vacated Center Avenue is owned by the Jundts I the Easterly one=half is owned in various segments by each of the Jundts,, the George Pillsburys and the John Pillsburys.. The George Pillsbury Property is benefitted by an easement over a portion of Vacated Center Avenue pursuant to Document No...2853492 filed with the County Recorder of Hennepin County,.Minnesota: The parties hereto desire to dedicate all of Vacated Center Avenue, Rearrangement of Orono Point (the "Private Road") as a. private road easement for the benefit of the Jundt Property, the George Pillsbury Property and the John Pillsbury Property, Accordingly, for valuable consideration, the receipt and sufficiency of which are hereby. acknowledged, the parties hereto (hereinafter referred to as the owners or individually as an owner) by this Declaration for themselves, their heirs, successors and.assigns, hereby create a perpetual, non-exclusive easement for driveway, ingress and egress, drainage and utility purposes over and across the.Private Road as described above for the mutual benefit of the Jundt Property, the George Pillsbury Property and the;John Pillsbury Property subject to the following terms and conditions: 1. The owners hereby acknowledge the existence of said private road easement and the existence of the Private Road, which -is not a publicly dedicated roadway. 2. The owners will and do hereby assume and agree to pay a proportionate share of the costs of maintaining, repairing and replacing, if necessary, the Private Road to a standard of quality as shall.be.agreed by a majority of the owners paying such costs. In.the event of failure tc agree, the standard shall be that.as may be required from time to time.by the ordinances of the City of Orono with regard to private roads. 3. The plans, specifications and _the awarding of contracts for the maintenanceof the Private Road or for any 1. alterations in the Private `Road shall be approved in writing by . the owners of a majority of the Lots contributing to. such. costs. For purposes ,of this Declaration a."Lot".shall be a single family residence constructed on the property subject to this Declaration. 4. Notwithstanding any provision of.this Declaration to the contrary, the John Pillsburys, their heirs, .representatives and assigns shall not be required to pay -any costs associated with.such Private Road unless and until access to the John Pillsbury Property is from the Private Road.. 5. Each of the owners of.a Lot described herein hereby.covenants with each.of the owners of all of'the.other Lots described herein;.and each owner of a Lot described herein, by acceptance of a deed therefor, whether or not it shall be so expressed in such conveyance, shall be and hereby is deemed to covenant with the then owners of all of the other Lots described herein, that he/she/they shall pay.promptly when due his/her/their proportionate share of the costs described in the preceding paragraph. The costs described in the preceding paragraph shall be a personal obligation of the person or persons who are the owner(s) of such Lot at the time when such costs were incurred, and said obligations shall not pass to his/her/their successors in title unless expressly assumed by them. 6. The Private Road shall be used strictly in accordance with the easements granted herein. Except as herein provided, no owner shall obstruct or interfere whatever with the rights and privileges of other owners in the Private Road and nothing shall be planted, altered, constructed upon or removed by an owner from the Private Road, except as may be consistent with the maintenance and.repair of the Private Road and the use of the easements hereby created. If an owner, shall violate this paragraph,.the.remaining owners. shall have the right to restore the Private Road to its prior condition and assess the costs of such restoration against the owner who violates this paragraph and such assessment shall become due and payable upon the demand of any of said remaining owners. All of the remaining owners, or any of them, shall have the right and power to collect the cost of such restorations in a legal proceeding for that purpose. If -2- r .. ° an owner interferes with the rights. and privileges of .another owner in the -use of the Private -Road, except as herein provided, or otherwise breaches the terms of this Declaration, the. remaining owners, or any of them, may commence�an�action to. enjoin such interference or .breach and the prevailing party shall be_entitled to recover such reasonable attorneys fees as thee, court may allow, together with all necessary costs and disbursements incurred in connection therewith. 7._ No.owner shall obstruct or 'interfere with the passage of any school bus. or emergency vehicle over or across said Private Road'.' 8. Any owner may delegate his right of enjoyment �o the Private Road to his tenants who reside:on a Lot, to the.members of his family and his guests 'and to,his invitees. Any owner -may subdivide-his/her/thei.r property 'into Lots; each 'of _which .shall enjoy the rights., easements and benefits hereby, declared... 9. This declaration of.Private Road Easement shall run with the land and shall.be binding on and inure to the benefit of .the parties hereto, their .heirs, representatives, successors and. assigns. l0. The George Pillsburys hereby release, vacate .and:. relinquish any and all rights of access -to, from and over portions of Vacated Center Avenue created by or resulting from Document No. 2853492 filed with the County Recorder of Hennepin County, Minnesota. The parties have hereto executed t eclaration the day and year first above wr-er�:� , � . s R. Sally WY.-Fyllsbury Katharine C. F Katherine C. -3- Pillsbury) as STATE OF MINNESOTA) } ss. COUNTY OF HENNEPIN)' The foregoing instrument was acknowledged before me this. 6th day of March, 1992, by James R. Jundt and Mary Joann Jundt, husband and NOt AfIHNYNNcPExUaIpBLLEI�C K•aM.vWiNvN�vEISSOTA n119e 5 Oct, ar vP11 cryss o STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this. 6th day of March, 1992, by George S..Pillsbury and Sally W. Pillsbury, husband and wife. Notary Public r"""� TNOMAS M. CROSBY, JR. STATE OF NOTAtiY PUMIC77MINNESOTA T 71�� HENNEPIN COUNTY 0 s s . .• My Commission Expires Nov 18. 1992 COUNTY. OFir The foregoing instrument was acknowledged before me this day of /vr.� , 19� b John S. Pillsbury, Jr. and Katharine Co Pillsbury (also known as Katherine C. Pillsbury), husband and wife. c No ary P lic THIS .INSTRUMENT •.WAS DRAFTED BY: Faegre & Benson .(TMC) 2200 Norwest.Center 90 South Seventh Street Minneapolis, MN 55402 Phone: (612) 336-3000 MRR00E8F.WP5 -4- kOtAilY'Ppg�IC STATf..6A 1tY"COMIFtS'ST01FE%F;: Af�F /OMOE�7{T� GEHEItAL`•TM exhibit A LEGAL UF.SCRLPTLON OF PRFMIS S SURVEYFD• Lots 5 and 6, Rearrangement of Orono Point; Also: that part of [fits 9 and 10, Rearrangement of Orono Point and the accretions thereto lying Southerly and Bastorly of the follow- ing described line; Commencing at it point in the centerline of Center Avenue 588.95 feet northerly from the Northwesterly corner of Loot 5, Rearrangement of Orono Paint; 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 die- tance of 169.38 feet; thence southwesterly tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a. distance Of 119.25 feet; thence southwesterly tangent to said last de- scribed curve a distance of 107.3 feet; thence westerly making an i anEle of 44 degrees 42 minutes to the right a distance of 79.3 feet to the shore of Cake Minnetonka, and there terminating; sub- Sect to Border Avenue as opened by Document no. 2092686; we Also that part of vacated Center Avenue as said Center Avenue was i dedicated to the public in the plat of Rearrangement of Orono f Point, lying southerly of the westerly extension of the northerly line of Loot 4, said Rearrangement of Orono Point and northerly of a1 line drawn westerly perpendicular to the west line of said Lot 4I from &vivant on said west line distant 162.29 feet northerly from the southwest corner of said Loot 4; also that part of the westerly: half of_vacated Center Avenue lying southerly of said above de- scribed perpendioulxr line; and also that part of the westerly half 4f vacated Center Avenue lying northerly of the westerly ex- ' tension of tht northerly line of said Loot•4 and lying southerly of aline drawn easterly at right angles ito the westerly line of said vacated Center Avenue from the point of intersection of said west- erly line with a line drawn 10 feet easterly of the following de- scribed line: Commencing at a point in the centerline of said Cen-. ter Avenue distant 588.95 feet northerly from the northwesterly corner of said Lot 5; thence southerly along Paid centerline a distance of 5 feet to the point of beginning of the line being de- scribed; thence southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169.38 feet, and said line there ending. Also 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 lies between the westerly line of said Center Avenue and a line drawn drawn across said Border Avenue at right angles to the aide lines of said Border Avenue from the point of intersection of the centerline of said Border Avenue with a line described as fol- lowa; Beginning at a.point in the centerline of said Center Av- enue distant 588.95 feet northerly of the northweai Corner of said [.00t 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 dis- tanee of 169.38 feet; thence southwesterly tangent to last said curve a distance of 5 feet; thence southwesterly along a tangen- tial 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 with a radius of 56 feet a distance of 19.7 feet; thence southerly tangent to last paid 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 south- erly 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 Bor der Avenue, and said line there ending. EXHIBIT LD George Pillsbury Property Lot 4, Rearrangement of Orono Point except that part of vacated center Avenue as said center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying 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. MRROOSF3.WPS tug Fam Ft t OFFICE OF CG! IN i 1' RECORDER llr VN" f:i'1 'V V:1 %4. c cMlNa. iCNotJ. �,....�e�UTA C� N -c : r1. r�1 '.'ii1 CR NNA to .,;i Q2 17 AM 10* 57 A 111, 71, 7 .at�8886 ;.;,_ tN FIFF . Fatal v, . CU. i:LCIO NORR .,Na", RYl .__...... .. _._! FPCTY t. �J....._ IF A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER M eNjCwA#AL xOMNG CODE SECTION 10.23, SUBDIVWON AND A VAR"NCE TO SECTION I0.03,, SIITBISI'MON 9 (C4) FILE NO. IM �!�!��, Iamrs R. 7u�.t ark M. Ioann Jtandt (hereinafter the "applicants") arcs ft ow=s: of the.property located at I4t _^awkctts Point Road within the City of Orono (ham '%fter "City") and legally described as. Refer to F�sbibit A attached hereto (hereinafter "property"), and VVIIi►t AS, the applicants have made application to the City of Orono for a conditional use permit to allow the continued use of a detached guest house structure with cetaker aparmtent and a variance to Section 10.03, Subdivisi aron 9 (C-2) as structure is approximately 5,478. s.f. in area where only a 3,000 s.f, oversized accessory structure would m allowed. BTr IT REergo .vIRID by the City Council of Orono, 1. 'Phis appiieadon was reviewed as Zoning File #i86$. 2, The property is located in the LR-lA Lakeshore Residential Zoning District requiring 2 acres in area. The property consists of 13.8 acres. 3, The Orono Play -,ring Co.;,,;�ission reviewed th+e application on September 20, 1993 and recommended approval of the conditional use permit and variance as proposed based on the following hardships or unique findings. a. The property consists of 13.8 acres and can easily support a second residential unit. �., TRANSFER ENTERED HENNFRN COUNTY TAXPAYER SE9VICE8 Page 1 of 5 NOV 4 1994 %4 � C RESOLUTION OF THE CITY UJUNCiL �. <: NO. Z) b. Structure does not meet the required side yard setback but the y�ature of the structure and the uniqueness of this property would suggest that even if subdivided in the future, it is unlikely that this structure would remain as a principal structure. c. The subject structure has existed for over fifty years. 4, The City Council fi�xls that granting a conditional use permit to allow the continued use. of the guest house 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 dark 7 to neighboring properties, nor will its use 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. 5. The CitJ Council finds that the conditions existing on this property are peeuligr- to it and do not apply generally to other property in this zoning. district; that` granting the. variance would not adversely affect traffic conditions, light, air nor - pose a fim hazard or other danger to neighboring property; would not merely served as a. convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to pmserve 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. fi. 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 affect of the proposed use on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS ✓ Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to allow the continued use of the guest house structure as it exists and. to approve a variance to Section 10.01, Subdivision 9 (C-2) recogiazing the guest house is approximately 2,478 s.fe in excess of the allowed area for an oversized accessory structure, subject to the following conditions; Page 2 of 5 ....-... , .��...,,.�., ...� _.._,._ , . ..,,-....,..,.�.. ,,�. . . ,� ��_...,.�,az..--.s;�u..�a�w�stc�'i�z�t'•�'.Gi#a��a`�'er'2�rr,,. _....._'..�s ;K•,,:,-iw� .'i� =- •0 1 T • • s LUTi0II1 OF JLrM CITY COUNCIL NO. *s3 G: 1, Guest house strui;ture and/or caretaker apartment Me be used far rental purposes but shall continue to serve the owners' employees and nonpaying guests. ?. Applicants are hereby advised that if portions of the guest house structure located Within the substandard side yard setback are considered for strttciural: improvement that these improvements will require City approval. 3. Violation of or non-campliance with any of the terms and conditions-.6t resolution shall constitute a violation of the Zoning Code, shall auto.; terminate any authority granted herein, and. shall be punishable as,a 4, The: undersigned applicants h$ve read, understood and hereby of this resolution and on behalf of themselves, their heirs, succ hereby agree to the recording of this resolution in the ch property Adopted. by the Qmno City Council on this llth day of Otte J. Page 3 of 5 r0 STATE OP MINNI aSOTA ) COUNTY OF HENNEPIN ) The Oatober, 1993, by the City of Orono, behalf of tho: City.. R1 QLUTZ0111 t)ls I rm c1T1r 16UUNL"IL IaJU. . ss. foregoing instrument was acknowledged before me on this llth day of Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of a. Minnesota municipal corporation and said instrument was executed on LIN13A S. [�E NOTARI► PUrt,1C • l�NNNEBdTA HENNEPIN COUNTY Mq WMMW*j" exphM W249 STATE OF MINNF,SC?TA ) ss. COUNTY OF HENNEPIN ) On this day of , 199 y , before me a Notary Public widiinand fdrsaid .County, personidly appeared k nuwn to me +L0 be the persons) described in add ho ex " vW the oregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. S'1'ATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of,�,„ .. within and for said County, personally appeared S known to me to be the person(s) described in and acknowledged that he (they) executed the same PA t I Na blic. 199 his (their) free act'and deed. Ss!! Y61� s� 1 � I sc+��rrrarr alp JIM CUT catmlcu, sTAT>� of r�INNE�aTA ) ) ss. COUNTY OF NEPIN ) On= this. ,��,,,�, day of w , 199 before me a Notary PubUc:within andifor-said county, personally appeared known to me to be the person(s) described mi and who executed the fomping_.insavment, and acknowledged that he (they) executed the same as his (their) free act and:deed. NOTARY PUBLIC STATE OF 11�I1VN„SOTA } ss. COUNTY OF HENNEPIN } On obis day of , 193 before me a Notary Public within and for said county, personally appeared known to me to be the persons) described in and who executed the foregoing instrument, and acknowledged that be (they) executed the same as his (their) free act and dead. Page 5 of 5 0- :>! M P1 ItE80LIJTI%ill WE 'I'tfE III A A %VUP(CIL F:xhibi.t A 1.P�A�. L�ESCftIPI'If7t� �? pRE�iSFS fi�RV'EYfiI;_ tote Fi &nd d, r(oj&rrrgem*nt of Orono Point; Alsa: that vart of Lnt:s 9 au7d 1Q, Itea�rrangament ��f �?ranal, Point +and UM 44-1,wiltiWesm tillyra LiJ lyi11y�, GaVdth�Jrly and {,U&SUrly psi tk&4 fe'l.law ing dasorit*d linto Commencing at a quint'in the oantorline of Center Avenue 588.95 feet northerly from the Northwesterly corner of Lot b. Reasrrantement of Orono Faint: thentt dostharly along said oantarline a diantance, of b teet; thence southoeateriy on a tangential curve to the right with a radius of 221* 17 feat a dtam tanve of 189..38 lust; 'thence southwesterly tangent tri aa.id last dtactibed ourv* a distance of 5 feet: thence eouthweeterly oh a tangei tia.l ourve to the right a, radius of 445 * 72 f+eNt a diotaniotr of 119.25 ffm of thence southwesterly tangent to said l$at dtFI scribed curve a distance of 107.3 feet; thenon westerly making an a hale of 44 degrees 42 Minutes to the right, ra edistaxio+a of 791.3 feet to the &Mrs of Lake Minnetonka and 'there tozzinating; aub, 3Qat 'to Border Avenue ae opened by Dpr=ent we 209288860 Also that part of vacated Center Avenue as exid tenter Avenue was. dedicated to the subiie in the plat of Rearmament of Orono Point► lying southerly of the westerly IFextension of th* northerly line of Lot 4. amid Rearrr"Soment pit droner Point and northerly of a. line drawn uestetrly perpendicular to the bleat lima 4t afald Oat. 4:, . from a point an said west l;.ne distant 182.29 feet northerly the southwest garner of said tot 4t also that part of tho uestarlir- halt of vacated Venter Avenue lying southerly of sand akme rk 1. scribed parpandioul+ar lineo and also that West of the westerly half of vacated Center Avenue lying '►wrthPirly of then Westerly ex- tension of the northerly line, of aaid 14it 4 and lying southerly of k liner drawn easterly at raaht angias .to the, westerly ,line of said vacated Canter Avenue from the point of interaentif)n of &a1d waist-• erly line with a line drown 10 feet easterly of thafollowing do" scribed line% C4=6noing at a point in the centerline of said C$n� ter Avamia distant 588M feet northerly from the northwesterly corner of said Cat 5: thence southerly along valid centerlitul a distance of 5 feet to the point of borainnint of the line baring da- soribard; thence southwesterly along a tw4antial curve to the eight with a radius of 221.17 feet a distance of 169.38 feeto and said line, there ending. L Alga � 'That P*rt of vacated Border Avenue as laid out an" dtdiactted over and &Oro*$ Sort of Lot 9 in aaid PAarrangam m of OMno Poir't tthieft lies between the westerly lies of eaid Conter A,venua and a lime drawn.draofn aorass said Border Avenue at right anglee to the aide lines of said Bardar AVOWO frm the point of in1jerssotion of tho- oenrerlin* of said Border Avenue with a line described as fal- �,oMa; 13eginaing at a Point in the eebterlinr Of "id Ce"Ar Avm smie distant r`�USM fmaet r►artherly of the nr�+rchrreat dorrwr o! eaid; tAt 5t thence°somtherly along the esnterline e Of said Center Avoft s diatanoe of_ 5 test; thence aout4hsrly and oout>lweatorlY t=SentiaLl 6ume to the right with a radius of 221,17 feet a die- tance of 169.38 feezo thence eouthwosterly VAgo st to last said curve a distanft.of 5 f0#0 tHerct:soutbweet•rly along a tangen- tial curve to th# ,right with a. radius of 445.72 feet a distancce of 119.25 feet; there&: southwesterly tanternt to last Aisi+d qurve a dia%mce- of J0?a3Q feett thtnce aouthkesterlV 410A t a taWntial tnUva to the. left with a radius of 59 feet a dieranoe of 19.7 teen theraw southsrly tament to last said curve a distance of 8.8 feet; tifenoe southerly along a taareential oun~vs to the left with a radius of t6fJ..7 fatt a dist+anae of 63.9 feet; thence soath� aly taurtgerit to last described mave a diatarce of 20.6 feest thence southerly on a tanMtial WrIve to the left with a rAdiu. of 78'41 feet to its interheotion with the centerline of said Hor- dar Avo UC and semi line there ending., k ._ T.. df_ 4 •� n STATE OF MIRRESOTA ) COUNTY ©F' HENN:EPIN ) COUNTY ) CITY OF ORONO ) igr0;hy, U—Iliae City Clerk of tn* City of Orono � Hennepin Co.urx.t; 'x;''` zi E3; t;,,.d:o hereby certify that I have compared the ror q, °.,Ggpy: dlf �:,r4solution of the City Council of the City of arodo :..ot f ''.r>�nOrd of 5uch resolution in the Minutes of drat. proosQ414 a : .A jit:d-ity Count is at•a meeting ofsaid City Caunetl: held o:m OCtoYsr 11 1993. . and. that the same i.s a true. " WI: i . a Cpa!Y 8 .:i &Ao.y'' o:i saild. re.ssolut.ion was da y nd.o-pt.ed by said Ci.°ty Ca u nc��): 'At ' s��l°'tt ta�ttG.i n E . In: VItAtasa Wh*teof. I have hereunto salt gay hand and seal this 1':.......:..A ,. d a)r of agagx . 1993 3 �. Cs�Ar.) x�soLu�orr al» TxE crrx cacmcn, Me A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER 1 uNiCTAL ZONING CODE SECTION 10o23, SUBDIMION 4 lE"ILE NO. 18" V�HEREAS, Jatnes R. JundE and M. Joann Jr�ndt (hereinafter tine "applicants"} are the owners of: the property located at 1400 Brackeft Point Road within the City of Orptio {hereinafter "City") ando iegally described as. Re?ter to 1~.�chibie A attached hereto (hereinafter "property"); and ��AS, the applicants_ have made application to the City of Orono for a conditional use permit to allow the continued use of a caretaker apartment located in the second loot icvel of the existing principal residence. NdIW, TIiEREFt3iiE, HE iT RESOLVED by the City Council of Orono, Minnesota:. I. This application was reviewed as Zoning File #1866. 2, The property is located in the LR.-lA Lakeshore Residential Zoning District req'A'"Ug 2 acres un area, The property consists of 1 .8 acc.;;,. 3. The Orono Planning Commission reviewed the application on September 20, 1993 anci recommended approval of the conditional use permit based on the following findings: a. Area of the caretaker apartment formerly served as a dormitory area for employees of the former owner. b. Interior access is provided via the principal structure with a se^andary access via a stair fra�m Lower level garage. TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERViCS Page I (jL 5 NOV 4 1444 1 RESUt,UTION 4F `l�E CITY- Ct�1.iNrII. N0. There is 4 G11iratc area on the 1�.8 acre site to address any parking needs. d. Applicants provided a letter to the City agreeing to instal! a new septic system prior to the City's issuance of a certificate of occupancy for the principal structure currently under major reconstruction and restoration. e. The apartment will not have separate utilities metered from the principal residence and shall not be assigned a separate address. f. The proposed location of the caretaker apartment and the proposed conditions under which it shall be operated or maintained will not be considered detrimental to the public health, safety or welfare or material injurious to properties or improvements in the immediate neighborhood. g. The proposed conditional use will comply with each of the applicable provisions of the zoning chapter. 4. The City Council fir.:'-; r�.at granting a conditional use permit to allow a caretaker apartment within the principal structure on the property will not be detrimental to the health, sa,ety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use 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 flan of the City. S. The City Couxicil has considered this application including the find;;;.gs and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the affect of the proposed use on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional ease permit per Section 10.23, Subdivision 4 to permit a caretaker aparunent within the second floor of the principal residence subject to the following conditions. 9��i Rf 1$. RESULJU' 7U11 Or 11M CYTT' CGUNCIL NO. _� �3 1. Tire apartment shall remain fir the sole use of the Qwnars of the principal residence, including their domestic employees or nonpaying guests. 2. .Violation of or now -compliance v�ith any of the teams and conditions of this resolution shell constitute a violation of the Zoning Cede, shall automatically terminate any authority granted herein, and shall be punishable as amisdemeanor. �. Tli� undersigned applicants have read, understood and hereby agree to the terrGs ofIbb resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the. r`3.m* of tide of the property. Adopted: the Qrono City Council ©m this 11th day of Uctaber, 1993. Page 3 of 5 s 1.:..: 1. Ii�,SOLtJTION UT THE %JJ I'I GOUNCII., STATE OP MINNES%T�1 ) ss, COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this Ilth day of October, 1993, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. STATE QF1�vZI1�7NF.�4(J"rw ) ss. COUNTY OF HENNEPIN ) withinandforsaidCounty, personail apgeAmd known to me to. be the persons) described in and w ' executed foregoing inscnuaxnE acknowledged. that he (they) executed the same as his (their) free act and deed. STATE pl~ MIN ESOTA. ) COUNTY OF HENNEPIN ) SS. withinand for said County, personally appeared_ known to me to be the prrson(s) described in and acknowledged that he (they) executed the same as On this day of r e Page 4 of 5 1951 (their) free act I- * F s ofq .., ) ss. COUNTY OF HENNEPIN ) tin am/: • Public within and for said county , personally appeared known to me to be theperson(s) described .1 f and who executed is 1• i i 7' 1' 4 lil f tao f.d L A.dt ! .1 i d that 1'executed the same,(their) free NUTAItY PUBLIC STATE QF NIIIVIv,:, ;OTA ) ) ss. COUNTY OF HENNEPIN ) Cin this day of , 1g9� before me a Notary Pubiic 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 Page 5 of 5 frwiflli �� Dti•;SQLI! I'I(lN OF TfiE CITY q 4V V L'4CII. �xhii�i � A Lsta 6 and 5. Rea►rrwmem nt a# Orono Point; Also: that Part of Lota 8 and 10s Rearrangement of Orono point and UM IICO tIPSCO a lY16 6u9 GVkXtltWlV Md 26at" ly P" %ka+s f&llep ina described line: Commencing at a point 'in the comfirlina of Center Avenue: 588.9E feet northerly from the Northweater!Y corner of lit !i, Rewrenzement of 4rants Point: thenrle south+erlY along said venterline a distwwa of 5 taiet; thence awthwasterly on a taWatial ourve to the right With a radius of 221.17 feet a dW tanoe of 1A9.38 feat; theme W� thwes%&rlY tulant trj &aid last described aurve a distance of 5 feat; tMnoe arjuthweatirlY on a tw4a:ntial ourva to the right a rhdiue of 445.72 fe*:t a rdistaw e of 119.25 fmat; thence southwesterly tangent to said 144% (1e- scribed curve h distance of 107.3 fbet: thtnoe westerly making an anaie of 44 dearaea 42 minutes to the right a dislAinaa of 78.3 feet to the share of EA" Minnetonka and there terminatirM Burr Jent to Border Avenue as open" by 9orM+ant rY} . 2092986; Also that part of vaoatod Otter Avenue ae said tenter Avenue was dbd'iaa►ted to the vablia in the plat of .RrsarVMa6ment Of 91#00 Dint► lying southarly of the uaeterly& extension of the northerly line of Lot 4o said Rearrangement of OMM Fount and northerly of & line dr&wn ua,eterly uarprsndiaul+Lr to the west line r)t said Lat 4 from a wint on. said west line distant 182.29 feet riorth+erly from the aouTjhWeet corner of said Lot 4► hlao that part of thor vaaterly half of vmated Center Avenue lying southerly ref a+kid above da- . nar�i bob d rer�ndir�ular lino: rand a160 that art ;f Lh. w:oLerAY half of va ated Cr_nter Avenue lying northerly of the wraterly ex- tension of the northerly line of said Eat 4 &Ad lying south+irly of a line drawn eantarly at right angles ito the Westerly ,line of said vacated Center Avenue from the Paint at interaeotion of said west- erly line with a line drawn 10 feet easterly of the following da- soribed line: Commencing &t a: point to the oenterlins of said Cen- ter Ave" distant 58g6�;A feet northerly from the northwesterly corner of said Cot 5: thence eoutturly along said centerlin` a distance of 5 feet to the point of boginninz of tiha line being de- soribed; thane satithwasterly along a; tangential ourve to the riieht with a radius of 221.17 feet a diet&=& of 18$.38 taut, and said liTo there► ending% • y' io �-r Ala+u 'shot pant of vacated Border Aveme as laid out and dedicated over and &man part of Got 0 in said Rearrannem*nc of Orono Point whioh lies betweer the ueaterlY line of said C`oenter Avenuo and a line drawn draon wrose said Border Avenue at right anatles to the eide..lines of said Border Avenue from the point of intersection Of tM contrrlo w of Said. Border Avenue with a< line described as fr l- lowivo Begimuins at a point in the centerline of " d Omer Avg ems* distant 5SS&9B feet northerly of the northwest ao;rner of said Gat ib:. thersoutherly eiefu..tbg aenterlint of said Center Avenue a. d ataetoa of 5 feet; tbenc+s ,tauth+rclY and southwesterly along a tan antial durve to U& risht with art radius of 221A17 feet a diem ►Amof 188.38 feetl tbm* smstmatorly tangent to last said eurw a distane* of b feet; theauoe southwestarly along a taasen- tWa .. ourw_ to the right with a. radius of 446 * 72 feet a distataoe. of 11-642 .fstt; thence southwesterly tao& mt to last Said Curve a ¢istanoe of 107.3Q feet; ftnm southwesterly alons. a tansential cvmw:ta-thtleft with a radius of 58 foot a distance of 10*7 feat; - s+�, U*rlY tarmont to last: said curve a distance of 6it feat:.thence southerly along a taWantial c13rV0 to the left with a. radius- of 16967 feet a distance of W9 feet; tbonee eouum erly tit to last described curve a distance of 20.5 feett theme giutier1Y an a tangential curve to the left With a radius of 78,.1 feet to its intereeotion with the centerline of sand Bores s*r Avenue, and said line tilere ending._ . ewKx =yyw SMUTION STATE OF MIM,YiiSQTA ) COUNTY OF HENNEPIN )' CxTY OF ORONO ) I Dorothy �4. Ha�llin, +;ity Clerk of the City ®f 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 atra meeting of said City Council held on Qc:Lober 11 • 192J . and that the same is a true and correct; copy of sai'a resolution was duly adopted by s4aid City 4 � la CI'C i; l � �. a.a,i.d° pt 1S.O` � � n g • In Vitness , 14 th (SEAL) k►hereof, d ay. o.f I have hereunto se•t my hand and seal thin Pq • 6361457 r i f 1 RE�!?L.t`I";"x'£iir' Or T'EiL CITY COUNCIL OMUNICIPAL ZONINGi ECTION 10129 :► 1 ► FILE O I +Ut'l1tEAS, James R. Jundt and M. Jnann Sundt (hereinafter "the applicants") an the owners of the property located at 1400 Brackett's Point Road within the City of Orono and legally described as follows: refer to Exhibit A, attached hereto (hereinafter "the property"), and J W��1t2lEAS, the applicants have applied to the City for variances to Murricipa! Toning Cede Section 10, 22, Subdivisions 1 (B) and 2 to permit the repair of two stone access paths located within the east shoreline of the property where 21,312 s.f. or 16.35`36 hardcover improvements exist and where applicant proposes the repair of existing improvements totaling:' Y 525 s.fe in area where excesses exist and where none is allowed. 11ip►yy, THEPEFpRE, BE IT 1ttESULVED by the City Council of Minnesota: 1. This application was reviewed as Zoning File #1907. 2. The property is tocated in the LR-14 Lakeshore Residential Zoning District requiring two acres in area. 'fie property consists of 13. g acres. '�. The Orono Plalnning Coirimission reviewed this application on March 21, 1994 and reca»imended approval of the variances as proposed based upon the following findings: R.. Repairs involve 525 s.f. of existing hardcover. improvements that will not be expanded or result in an increase of hardcover. B. The entire property has over 1600 lineal feet of shoreline. The east shorelinc with 620 Pins'Real feet has lakeshore banks requiring an access structure. ANSFER ENTERED. HENWI►1 c"Ty TopAVER SERVI&S Page 1 of 4 NOV 4 1"4 r� G~ i IiE50LUTION OF THE Cii"3l COUNCIL NO. B�__ C. Major portions of the stone step structures cannot be seen fiom the lakeshote level and will be completely covered with full foliage. 4. 'The City 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 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 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 Cityo recommendations of the Planning ornmission, reports by ity staff, commoo by the applicant and the effect of the proposed variance on the healtho safety4 =4 welfare of the community. COt�ICLUSIONS, ORDER AlVli CONDITIONS Based upon one or more of the findings noted above, the Orono City Cotrritf hereby grants variances to Municipal Zoning Code Section .10.22, Subdivisions I (B) permit the repair of two existing stone access paths located in the lakeshore protected area whom excesses of hardcover exist and where no expansions are proposed, subject to the following condition: 1. Applicants shall obtain a building permit for the renovation of stone step structures. 2. Appropriate erosion control shall be maintained during the period of time groundcaver remains in a disturbed state. 3. The boathouse and grotto structure located wY,hin the 045' setback area are considered non-confoiuiing and subject to all pertinent sections of the code that govern non -conforming structures. Any structural repairs to these structures must be approved by the City. Page 2 of 4 RESOLUTION OF THE CITY CO[JNC1L 4. Authorities granted by this resolution run with the lroperty not with the applicants, but are permissive only and must be exercised by application far a building permit within one year of the date of Council approval, or this variance wexpi ill re on that date (April 11, 1995). 5, Violation of or non-compliance '1u, a"Y 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 punish: )le as a misdemeaWL E•� held on the Inc untie°rsigned applicants have read, understood and hereby agree to the teens of this resolution and on behalf of themselves, their h+cirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of tila prolertY• Ad by the City Council of the City of Orono, Minnesota at a MPI:. llth day of April, 1994. Clerk CL0%P&O+ x. Jundt tY Owner (s) 5"I'ATE OF MiNNESt')TA ) M. Jundt � ss. Cp,XJNTY OF IJENNEPIN ) The foregoing instrument was acknowledged before me on this 1 Clerk of the day April, 1994 by Edward J. Callahan,, Jr. and Dorothy M. Hallin, Mayor and City Clerk City of Orono, a Miumesota municipal corporation and said instrument was executed on behalf of the City. crNDA s. vBs � NENNEPIN COUN�� Ask a %"ty has a tl-11�0� Notary Public Page 3 of 4 0 ON STA'TL OF R4INP=tESOTh ) ) ss. RF:S01,UT1"11 OF TI1E CITY C�UNCII. 1 A. M COYITiT�.? OF HENNF�"IN ) 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. Sso .OUNTY OF t. f • • • f • • f : : • • : -� �a:..u� �- -�. =A• �• 1 t :� • tt' Y tt t • STATE OF MINNESOTA ) ss. OOU'NW OF HENNEPsIN ) On this � day ofr,�- and for said county, personally appeare@ Ituown to me to be the person(s) described acknowledged that he (they) executed the s . "4 ••vaITT •.. J1• �. I99'�l� nd who ead� as his (their) Page 4 of 4 within J v i SOLUTION OF THE CITY COUNCII. $4�?�: NO. ._._�---- EXHrH��' A Gnto r, and $, kdarrrsxtE"-'tkt vt pt•r�no Phirit: A1aa: that x*yz't Of tr:�.n I anc! 1C. �iarrr�a8es�rnv of Orono Point and I,i.a rr.':%�bLiuY+e tiiarv4u lyi:4114na h 1 �� `L in thmi 01 trrliu'v Of come" 1 ddara: :,ed lin«• Ccrma� Center Avenue 588•9mfact W attt of t} �: rtharFraintlY `'• th"•nct c uth►rlY 410n8 of �,t .r. %aarrcng thanCr ®t�tthy:i:isttr Y utt a a�►id centerline. a diatanca of 6 iFet %,=ential curve t0 the right puth�+aetyrlyet0+ Rtt•to Laid en t LaAce of 1�9.3� fehti • there. dedc:'lY�rd curve a. dista riOf ght5a rhtliushQfo44`ssr.7�hie«tea iataztr:tr ta,1.•ntie.l ourvrs ri'►t LO a+�id ka.at r r.- ai li.''j ;`eo:ti these ethuanterly t zgr11 rs�a h rlietance of 107.3 feet: ther.ae Wra•ter1Y making bs l=Oton" and th�areo tez'minat1U* autr• es�lr of 44 dnare+=•a 42 ales to t,tse rihc v rli4t�,i►or.8at 7�. Ieet t0 thb mkwrb of Lake �ar:nt na. Zp929�3 , feat to Border Averute as 0v*ned rn' • aid Csntirr Avenue a+xa Also that Part of vacated Cetnter Avenue as a. d«dlo�cted Ltt th« �lic in the glat r, f , Ma�rroAV&unt of Orono nt Not?M7at. lying southarly of tho W'otarlY axt«ppinL and nar lv�riYtr�tf4 Jim of Lot 4> amide Rmarran��ul+:ritl Heat line 4f erai a a lin« drhNn �teati'=r.y from n ynint o:c said veaaa�d �ti4canksraRtha� tett part 4 �herveaterlY the aovrhuhsL earner r:i puuthe: ly at ae iri sbuvr rlr - hal f of vace&tad Enter Avenue lYixut of the westerly sand a1b0 thtt .a't sariltoed "�ndiculnr lin«: tharly of half of vacated C,antar Avlina of e�idtlir:t t4landf lying lien« ai said ter�ion of the. northerly u,ya,terlY a lixu► dsxann ec:aterly at right a�n8lrss do th. at said vacated canter Avenue ft10�ti be�terlYr$frtY'°nfolloui�uit� Orly lies Ni°th• a line drawn of said n- xscixu� et ri 4oint in tYic centerinpryhsoeaterlY' acribed line.° said ceaterli� a ter Av6roA distant 589.�6 feet northerly i:•cm t r, canner of said Lot 5: theuce eoapi h«g of the lineebeiingto t de- 4tt►tanae of 5 fathe aattthaaeterl9 alou�t a ta:sg�sr�,tie.I eury ocribed, tbwmcmo right vith a radius of 221.�t7 fast a dlata_-�..e at 16.9,38 Petit, and said lime tha�ee endi�i. s RESOLUTION OF THE CITY COUNCIL a: M E EXHTHIT A � CONTINUED Alan That part cf vacated Border Avenue as laid out and dedicated over and across M»t of Lot 9 in said Rearrangthment of Orono Point which lies between the westerly line of said Cutter Avenue and a line drawn drawn across said Border Avenurett right angles to the aide linen of said Border Avenue from the point of. intersection of the cenzerlirm of said Border Avenue with a line described as fol� Iowa: Beginning at a point in the eo:xtsrltns of said Cutter Avg asnue distant 588.95 feet northerly of the mrthweet aornvr Qf said Let 5a thence southerly along the eenterl!ne of said Center Averate a distance of 5 feet; al curve to the right aoutherlY and aouthweaterly along a ttancentiight with a radios of 2"211.17 feet a dia- tanoe of 169438 feet: thence aouthwestorly tangent to last said cum* a distance of b fasts thence southwesterly along a Zaiuten� tied 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 tassgential curve to the left with A saints of M feet a distance Of IM feet; then** southerly tasuent to last said curve a distance of 8.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7 fact a distance of 63.9 festg then" south- erly tangent to last described curve a distance of 20.5 teed thence southerly an ai zangentiAl cti:ve to the left with a radius of 78.1 feet to its intersections with the miterlina of said Bor- der Avenues and said line there ending, -41=tita1:: .: PE.1. STATE OF MINNESOTA \3 7 COURTY OF HENNEPIN } Cz�c OF ORONO I parothy A. Hallin. City Clerk of` tha City o£ Orana� Hennepin County. Hinnes.o.ta., do hereby certify ttfaC. I have compared the fi�rcg.oing: oea.py. of resolution @of the City Council. of the City of Orono With the 0 .%g.j mal record of such res,dlution in the Minutes of the at�c�.aead'i;n�e£:`a,tld City Council at aly�otgetindfGhat theGysmeufafa true .. It I' n_L on. <..�: �+x•wrw°eri5!,.::.Qf said resalctti.an. Has duly $do.prGed by said Gi:ty ting:. Irr. W i _ltl� sss. Whereof . day of (s�hL.3 £ have here-uhto se"t my hand snd w0 this I$i154LC.�iO.l�( �ii TkYE C1'� Ca[JNCIL NO* Q.> A RESQLUTIQlat GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTir ►r~iS 1p,z2; S><i1l X►�V1(WONS I (B) AND 2 PILE #1S67 WHEREAS,. James It. Jundt a�i I1i. Joann Jundt (hereinafter "thee applicants"} are owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as follows: Refer to Bxhibit A attached hereto (hereinafter "the property"); and W�REAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit construction of an access stair with landing deck to be located 2' from the shoreline where a 75' setback would be required and resulting in an increase of 245.5 so f. of hardcover where 721 so f. or .55 % exists and wh toW hardcover is now proposed at 966.5 s.f. or .74% where no such hardcover is allowed. NOW, T'kfEREP'ORE, BE IT RESOLVED by the City Council df Oroms.: Minnesota: i. Phis applieattan was reviewed as Zoning 2. The property is located in the r R-lA, Zoning District requiring 2 acres in area. The property consists of 13.8 acres. 3. The Orono Planning Commission reviewed this application on September` 1993, and recommended approval of the variances as proposed based upon tic following findings: TRANSFER ENTERE© r HENNEPIN COUNTY %rMpAYEA SEAVICES NOV 4 1494 Page 1 c�i' S iPd ;3ULUT1®1N OF TI{E CITY C4lINCIL A. 131.5 s.f. of new hardcover aesults frown access stairs allowed for lakeshore properties with steep banks per Section 10.56, Subdivision 16 (F). 114 s.f. of new hardcover results with the installation of the lakeside deck. B. The lakeside deck will not be used fvr recreation or entertainment but will serve as a storage area for dock sections during winter months, house an irrigation structure and a 6' light post for safety and security purposes. C. Entire property has over 1,600 lineal feet of shoreline. The cast shoreline with 620 lineal feet has steep lakeshore banks requiring an access stairs. 4. The City Council finds that the coticiitions existing on this property are p�utiar to it and do not apply generally to other property in this zoning district; that granting the variance 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 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. IT by the applicants and the effect of the proposed variance on the health, safety and elfare of ie community. CONCLTJSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) acid 2 to permit construction of an access stair, 4'x4' landing at the lakeside of stairs, 6'x4' irrigation structure and a light post at the landing deck resulting in 896.5 s.f. or .60% hardcover in the 0=75' setback area and a setback variance for landing deck that will be located 2' from the shoreline, subject to the following conditions. Page 2 of 5 01 'IL }'....� RF90LU'IXVN Ur 'Inn lurks I UI VUNCtt. NO. ' Applicants or appOTT installing a new dock at the shoreline. Such dock must meet not only required setbacks ftom the side lot line from land but must also meet the required setbwk from extended lot lines hito lake, I 10.60, Subdivision 8 whereby lights must be shielded downward and that ligbt bena cannot be detected at the lot line. Light beams must be directed away ♦1 residential properties. 3. Applicants are hereby placed on notice that all existing structures 3n the setback area are considered nonconforming and subject to all pertinent.ail of the nonconforming sections of the code. Any structural repaic�.;i structures must be approved by the City. 4. Authorities. grantee! by this varlaace run with ttav property not with.tlie but are permissive only and must be exercised by application for+ permit within one year of the date of Council approval, or this va expire on that date (Ociuber 11, 19%)e II is : 1 t/ / ( 1 1•! 1 i i 1+ hereby agree to the recording of this resolution in the chain of title property. Page 3 of 5 w.s•n o.or,w r vim.�.lip 111111111111 Kill RESGLUTION Ur THE CITY UMV14I1LAi% NO. 3 v i Adopted by the Orono City Council an this pith day oaf October, i9930 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) j, �t t ! ' 1 - 1 !1 1 ill �t .. �1 t f 11' f• 1 )Ctober,99 . ! _ ! ,l1 MrUlly Ma 1 Skof Orono, a Minnesota municipal corporation and said instrument was cx=u ity )f the L1NA� S � NELOTA 1145'�A11Y P4!lIJG HENNEpiN aoCpUNTY My mstds8l�n expires 8-ki2,,M P^+fie 4 of S Notary Public h.IM{ MM att l L,- o I I ItESAL,iJTIAN AF TEI>H. CITY COUNCIL ) Ss. eOUNTY OF HENNEPIN ) �n tins �, day of j-�_ , 199 before me a Notary 3 rablie within and for saidtcounty, persgnall appejrcd ., f n� • known to rite to be tits n(s) de in and who executed the foregoing instrumentt and acknowledged that he (they) executed the same as his (their} free jet and deed. STATE OF I4�QTA } } ss. COUNTY OF HENNEPIN ) Qn this 5AlatPublic within and for said county, personally appeared. known to me. to be the the foregoing instrument, and acknowledged that he act and deed. s �ii(sj descri!�ed in who executed the same as his (d fw NR 6ptir a � � Ar lov RESOLUTION OF THE CITY COUNCIL NO. Fxl�.ibit A trite �a �, 4lFsarrfa��emrirtt tr# 4ro�o Paint; Also: that part of UAe 8 seed 10, Rmarrannaement of clranti PrAnt tend tjw .44i•itivYui t1mosLu lyitut G4a%heY•1y &M Ustsrly r,,f tlde (aP11611 ina deaaribed line% Com"Wing at a Mint In thw aentnrline of Center Avenue 588,55 feet northerly from the Northweeter:Y corner of EAt ,r,. Reeaeransement of Orono Point; thence southerly &Iona said otnterline a distanch of 6 Utt; thence arxthpo&terly on a tA"4ntlal curve to the right with a radius of 221.17 feet a die- Lantle of 19J. a t00%& thence southwooUrlY tangent to maid I"t � dogeritjorl rritve dietaries of 6 lest; thenat arjuthwasterlY on a twMential curve to the right e► ra<ditis of 40672 feet a dial fift of 118.25 feet; thence southw6st+irlY thnarrit to said last (le= aarittd curve a distance of 107.3 feet: thence iiea'terly making an angle of 44 dear"a 42 minutes to the right a diounor of 79.3 feet to the share of IAM MinnetooA and there terminatims aurr• Seat try Border Avenue as oz*ned by Dort m+ent no . 2082888: � Also that port of vaoated Canter Avenue as said ranter Avenue was dedicated to the Mblio in the V,A of . Raarrwaamnt of Orono Point, lying southerly of the Westerly extansion of the northerly lira, of tot 4► said Wkrransement of Orono Point and northerly of it lite drawn westerly periarndirular to the west line of said tot 4 from a paint on said West line diatant ISMS feet northerly frees the sauthwyst garner of said Iat 4: also that part of the westerly half of vacated Center Avenue lying seutherlY of s&id a�)ova rle- eoriYf;c1 P*rz*ndioular line; and albs.+ that v&rt of the weeterlY half of vxpated Center Avenue lyi.na northosrlY of the westerly ex- tension of the northerly line, of said Let 4 and lying southarly of a line dream a►.:aterly at right smiles ito the weatr rly ,lino of said vacaLted Canter Avenue from the point of interseatirin of said Weat- arly lino with a line drawn 10 feMt easterly of the following de� scribed lino: C&Wnaing at a point in the centarlino of said c4n- ter Averts distant 588.86 feet northerly fram the northwesterly corner of 0414 emit 5; thence southArly along said centerlint a diatanot of 5 feet to the point of beginning of the line b iris de_ soribard; thence aouthweaterly along a tangantial curve to thug right with a radius of 221.17 toot a distance of 150,38 ie�`• and said lines %her+r ending. �tiu=A,119 11 1 so I I E Alor� That part of vacated Border Avesnae as Wd out and dmtditsatad over and acrasa tart of tot 9 in said Rearrangement of Orono Point wh1q)l lies between the weeterly une of said ,'#rater Avenv& and a. 1uw drawn drawn across said Border Avenue at right wiI to the aids litres of #aid Border Avenue frm the point of intersection of the oeatarlim of said Border Avenue with a line described as 101� l0WIS: Miami" at a ratt►t in the eregterline of said Center AV*b ar4+se djot rat M.95 feet pArthe►rly of the northwest carmr of amid t,ot. 6; thence southerly akons the cent cline of said Center Avelius a distance of b feet; thence aouthorl,y and southwesterly along a tangential stir=ve to the riskt with a radius of 221617 feet a die- t e of 00938 foot: thence soothuesterly tangent to lust said curve a diatanoe of 3 feet= therAe soUtbwenterlY along a tansen= tlal curve to the right with a radius, of 446M feet a di;etance of 119.25 feet: thence southWatOrlY taOSIM to last ee14 curve a diatanae of 107.3Q feet; thence sauthweaterly along a tawntial curve to the left with a radius of as feet a distance of 19.7 feet: than southerly tangent to last said curve a dietancO of Gas feet: thence southerly along a tngential curve to the left with a radius of 169.7 feet a distance of 53.9 feet: thence Mith- erly tangent to last described Muve a diatom* of 20*5 feats thence southerly an a tangential curve to the left with a radius of 76.1 feet to its interssaotion with the 0*literzine of said Bor" gar Avenue, and sai.ii line there ondinaa all A At'... i:'l ; +-": .4� A ,. At '" `✓;, .fy It89 . t3'fION a ,� <' r4 Ar A It STATE OF MINNESOTA COUNTY Of HENNEPIN ) CITY OF ORONO ) I Darot:hy M. tiall�in, Cfty •clerk of the City of oroncr, Hennepin County, Minnesota, do- hereby certify that I have compared the foreog;aing copy of a t64-s lutlon of the City Council of the City of Orono with th+� originas,.re'A rd of such resolution in the Minutes of the : - proceedin,g$.of-a#14--*G�t.�r Caunell st's vesting of said City Council held A. AVA ., :o_n _.r- 1Q e.s1d that the same is a true ;< ;.: , anrapr-r,e:c;tri-40% ` f :s r�i� ►'eaolutioo Wan duly adapted by said City h �,; i;`%;z; AA AA ;.., "- Utz• 6J tria ' `t4d+ Af.-� 2 have hereunto ,a•t my hand and seal this 1.A.h;a '. ,�lcirober, • 19�.� n � x ti Am A AA (SEAL): A Am vama I.0 .3 n, City Cleerk ': A. ;;: ;4%j t;;1 =`? ,A 619039 CITY of ORONO 1tESOLUTION Or THE CITY COUNCIL. Fas1' NO. 3 5 3 9 c'`/ A RiESOi.UTION GRANTIIVG A CONDITIONAL USE PERMIT PER MUNICIPAL ZONWG CODE SECTION 10.03, SUBDIVISION 19 AND VARIANCES TO SECTION 10.201., SUBDn'ISIONS 1(A) AND 2; SECTION 10,03, SUBDIVISION 9(C-2) AND SECTION 10,03, SUBDIVISION 9(E) FILE NO. 1992 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as, Refer to Exhibit "A" attached hereto {hereinafter the "property"); anti i'VI�EREAS, the applicants have made application to the City of Orono for a conditional use permit to allow Lire reconstruction of a retaining was, and a variance to Section 10.22, Section I (A) as retaining walls are located within the 0.75' setback area at approximately 45' from ilia shoreline where no such structures are allowed; a variance to Section 10.03, Subdivision 9(C-2) as major stntetural repairs are proposed to a greenhouse addition of an oversized structure at 5,478 s.f, where only a 3,000 s.f. accessory structure is allowed; a variance to Section 10.03, Subdivision 9(E) as structural repairs are proposed to a three stall garage in excess of 750 EX. that is located 0' from a side lot line where the code would require a 15 side yard setback and a variance to Section 10.22, Subdivision 2 for a hardcover variance in the 0-75' setback area resulting in a 0.10% increase in hardcover where 0.8017o exists and 0M%b is proposed and where none is allowed. NO'VP, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota; " FJENDINGS 1. 'Phis application was reviewed as Zoning rile N1992. 2. The' property is' located in the LR4A Lakeshore Residential Zoning District requiring two acres in area. The property consists of 13.8 acres. w TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER MAVICIS Page 1 of 7 APR 21 1995 QOuyTY INN. L.. .. ...nvr.Y....r.n,w..,.....,�w..nrn»..r�.. n,^^i--, f.*�57P1 Pudw tip RIaSOLUTION OF THF, CITY COUNCIL No. 539 3. The Orono Planning Commission reviewed this application on March 22, 1995 and recommended approval of the conditional use permit and variances as amended based on the following unique findings and hardships: a. The propeny consists of 13.8 acres. b. The structures on the property were constructed prior to development of standards for residential construction on Lakeshore properties. c. On -site septic testing has been completed for the property and testing leas confirmed there is adequate area and suitable soils for development of on - site septic systems to serve the principal structure and the caretaker residence within the oversized accessory structure. d. Structural repairs to the nonconforming accessory structures do not involve the complete restoration but merely partial structural or cosmetic repair. e. The retaining walls at the underground entrance to the greenhouse provide the necessary support and stability to the only exterior entrance to the lower level of the greenhouse. f. The paved walkway located within the 0-75' setback at the east shoreline has been installed at �}' meeting the required width of accessory access stairs within the 045' setback area for lots with steep slope. g. The paved walkway will minimize erosion of grassed lawn resulting from ' the more intense use of the lake access stairs providing the only bathing and boating access to lake for this property. 4. The City Council finds that granting a conditional use permit to allow the restoration of the retaining wall within the lakcshore protected area 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 properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and Y objectives of the Zoning Code and Comprehensive Plan of the City. a Page 2 of 7 I,r�S00S pu0w CITY 01 un"N® itESALUTIAN OF THE CITY COUNCIL G~� 5, The City Council Cads th;tl Ilse conditions existing on this property arc peculiar to it find dot not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties, would not merely serve its ;t convenience to the applicant, but is necessary to alleviate it demonstrable hardshipordifficuliye, is necessary topreserve asubstantinl property right of the applicants; and would be in keeping with (lie spirit and intent of the Zoning Code and Comprehensive Platt of the City. CONCLUSIONS, ORDER AND CONDITIONS 13ased upon one nr tnorc of the above: Cndings, the orono City Council hereby grants it conditional use permit and a variance to Section 10.22, Subdivision I(A) to permit the restoration of retaining walls located 45' from the shoreline of the property and grants variances In Section 10.03, Subdivision 9(C-2) and 10.03, Subdivision 9(r) to permit structural repairs to two nonconforming accessory structures and per Section 10.22, Subdivision 2 approves a 0,10 increase in luu•dcover within the 045' setback area where 0.80% exists and 0.90% is proposed, subject to the fallowing conditions: 1. Applicants' eonlractor to cantpiete the removal of 2SU s,f, ofdriveway pt►ven►ent lace I%; within the U-75' •lakes 1%11 protected area prior to City's issuance of a building permit fat• restoration of structures. Applicants of applicants, agents shall be responsible for maintaining erosion control within disturbed are;t until grotindeover is restored no Inter than June 1, 1995, 2, 1'he City is in receipt or it letter (dated March 7, 1995) from Thomas Crosby, Jr., .�ppliemrls' attorney, confirming that applicants will install a conforming on -site septic system during the 1995 construction period failing to obtain the necessary approvals from boll, tic City of Orono and the Metropolitan Council it) extend sewer to the property, 3. Authorities granted by this resutution run with the property not with the applicants, but rue permissive only nod must be e><crciscd lay npplicatlon I'or n building permit within one year* of the date of Council approval or this variance will expire on that date (March 13, 1996). Pose 3 off' 7 r..saa�ooa„ ....�rw7t+w..�mr.m�.�c..w.w•,f..•+rr•,- .•,..K•.!ra+nwa•wf.+.... .-.w.r•�yfy ' -slo-..o ��.' 60 of t F4 i� UITY of O11"NU RE507,UT10N OF THE CITX COUNCIL NO._3 539 �}. 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. S. 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 Orono City Council on this I3tit day of March, 1995. ATT�T: Ao by*M1ity Clerk STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) E ward J. Ca �n, Jr., Mayor l The foregoing instrument was acknowledged before me on this 13th day of A4arch, 1995, by Edward J. CalIahan, Jr, and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the CIty. c� rr, +.ems:+ dAMIEL80SMA Not ry Public � MOTM"t IigptledtMl101ipi1t11,11R�1 Page 4 of 7 fAS06S AuMn r-: R>;SOLIJTION OF THE CITY COUNCIL NO. 3 5 3 9 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this �;1,p �'�' day of �yyL.�h-e.�j ,199�, before me a Notary Public withinand forsaidCounty, personally `7;,m4�n.�-,gr%onig iL known to me to be the person(s) described in and wh ted the f instrument, and acknowledged that lie (they) executed the same as his (their) free act and deed. Vwr��t' 7 7' rl ��Il ll'•� Y. 11f STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) Not y blic On this �{ p-En day of �rrrel, , 1995 , before me a Notary Public within and for said County, personally appeared. Tunes R. 7in4t, ,burl eo! 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. 1! _ t _ V Jr Avg ROIE A HASfMAN l ' w /.. �i i` /• • vhs,..✓ NOTARY PUIiUGMINNESOTA � HENNEPoNCOUNTY , Notary Public myrAmmigrinn(vreffirSTATE OF,MINNESOTA ) QARti 411ASEMMt 't k w rtr j- _ WA v COUNTY OF HENNEPIN) ss ve�irt�Prcartt oMftDowuin Q�AV 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 Page S of 7 t frn ldoS DNdw l" \7 TtF.30LVI'IUM OF ME C1111y COUNCIL, NO# fol9 r.r;er r.:cr+atvt'tOtt 1`� tC:'�irc:r Gtt��?Y?t,• LrJts a a.-td 6, kahrcazt2a�Nrc ut Ocgna Fainc; ALna: that v+�rt nt Ir�ta 9 and l0, P.y+�.^rbrae�rnz. ni Oranr� :rJint rind Lictc ai:l.tatiuir5 tlrot :t.rj Ly44111LJ &Ad 1"i4.At4r1Y • . 1:..5 fcolIm? irte desrribCd line: C l=tincing at a ;riot 'iri tha cone^14morh o:: t"t•^ter Avenue 588,95 z?r;ct northerly tram the Nnrtt:rteetsrlY earner if LrJ-, S•, RrxrrenEacaac of Orono FoinL; thence southerly alr.mg Z&A'd abntrrlin, a rliatanrJe of 5 fbbtl thancrot nouthwoostarly on at twigential cu:wr, to the, right with a radius of 221 l9 :rot a dia- , • hnuo r,,f 189.39 fait; Lhenaa auuthwitatrrrly t.xngem to 4:&id last i rlearrihomr! rurm a dusts ice rJf 5 facts ,thhm8 aouthstestrrly on to ta,�tnt?r_i rur'Jr. to tha riwt►t r� rhrliva a: 44fJ.7^ 'hN*, n. d19Laz:ar. r,f '4119,25 :yet; then* arJuthsitattrIv thn iumt. to grid la.^.t r1N- do arriheci rowri ro a distcnct of 107.3 fret; thtrte s+ratarly wAir.g w" tz2lr of 44 de¢re.s 42 ninuLes to shy ^2.::t r dieters, rf 79.2 :mat itri the ahem of Lake MinnetonM raid to4tariflo trz�i;;a.irk; euYr- ,tact to Elorder Ave;uae u openhd by Ctrivman*4 vbvi =28864 P.Lao that, part of vacated Cyntar Aven»a aM c;.irl C,.JJri.r,r Fvrlia.• soma ded,t:atCrl to the xubLic in the slat a: i�C:r::n$Ci;ent aZ rnuno so hot, lying aoutharlY of the uhatarlv''azte:,eiun h: t:t6 nor tkr:rlY line of 14t A. said RearraMement of Grow Paint end northerly o: r 1.z:a 11rown NaetFrly i4rvendicular to the neat lira of acid Lot 4 :rm a ;rJinr, rJ;t ariQ wl:st lire distant lE«.29 t.et north "ly trom tha eauthwast rarer:r rJf chid Lit Ai al arJ Zha� dirt rJt t;;e aeaterly bAl a. var.•ytrd rbntrr Avenue lyirs southerly of s,id hYrcve de-• tscr•! ho:d Ty:r;4ndiruinr line; &td also tYvJ,t ;*txt of the wr;sterly t}slio a vhrrterl Cent;r Avenue lyirsw; rue:^trly ex test kkBVbua w,_ ten�icn of the northerly lint of said iris ••i and ly:n„ arrutheriy of a lie& drwn rurterly at ric:^.t angles its .tee wo!m "ly ,lii� "ft a; acid vacated C.'ntbr Avenurr Pram :he pain: of ir:tererctian aE mid weat- erly line with a li::e drawn 10 fast aaaterly r)f th. tollowins dr,- sar :bad line: C�anema at a yairt :n t".e coatrrri:^.e of abicl rbn- :er Aver ae diatat:t 555.95 teat northerly f ~a the nor: ae»terly oorner of a4id Lot 8; tnt""ca uautreriy a'' a:z atiid n»AtCr li t= a diaLhsar, A: 6 test to the ist at 1?'rBiT :Ar <Jp L:{9 woma ta;iz1E de- cor ibari; thence couthweaterly aloom a t4nat-mial ct:rvF to thm right uith to radiva rJf 221.17 feat e% diatar a of Mo2la feet, tnd atld hno there rndinx. ., Page 6 of 7 Ie,1tG1 iRb,.y 7n, }ppp G110W CITX of ORONO ItESOI,UTION OF'I'HE CITY COUNCIL. Me ss39 Also VIIhat part o: Vacated reorder Avenue as laid out end deflicrted over and across Fart of C.ot 9 in said Rea-NranFew,;nt of oronot?oirt Whioh lied becuGen the ueaterly line of paid Canter Avaque end a line drawn drams aortas said Border Avenue at right,rses to tht aide lines of said Homer Avenue from the wine of interaec.ion of ��+p0 the aonterlina of sAid Border Avenue with a line deeeribvd ao fol- laWat Beaming at a toint in the oonterlire a- oaid Canter AN— enutl distant 589.9d feet northerly of the :eerehxeat pprMr o: said Lot 5i thence aoutharly along the ctmerline of aaid Center Avenue a distasee of 5 feet; thence southerly and southwesterly along a "4=antial curve to the right with a radius of 2"1.17 feet a dia- tance of 169.38 feett tbence southwesterly tyngen: to last said carve a distance 04 5 feet; thence southwestarly along a ;srtt:er.— t.til curve to the right with a radius of 945,72 feet a distance of 119,35 fdeti thence southwesterly tangent to last said e4arve a distance of 107,30 feet; thence southwesterly alon& a t�nsential ="ve to the left with a radiva of 56 feet a dietence of 15,7 feet; thenoa southerly tangent to last said curve a distance o:! 668 :sett thence southerly along a tangential curve to the left wit.". a radius of 16967 feet a distance of 53,9 feet; thence somh- erly tangent to lest described ourve a distance of 24,5 feeti thence southerly on a tangential carve to the left with a radius of 7841 feet to ita interaeetion with the centerline of said Soreo err Averua, and eaiii line titer" endin�t., Pepe 7 of 7 in N7f pubtw to `fit pNMy f i 1 ' 12ESOLUTION B 5 3 9 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) 1 CITY OF ORONO ) I, Dorothy M, Hallin, City Clerk of the Gity 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 March 13 1995 , 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 14 th day of March , 19 95 (SEAL) qthy M. �FIa in, City Clerk u '":"i • tr;r l.'�.ff•�A�%vif?thrr'. - t � .. _ __ . _ _ _r•—.-...._._....y,ry.,. �.f '� n..' .8 C•.1 -� , y ;' IT..'.Ft'y ■ /�`Q�► � ,�I� �.. G4� Ei�51t�"14 CITY of DR®I�1U Rt;S01.t1'Plb\' OF"1'IIF: Cl'1'1' CQU)\'(;ll, \Q. 3 i�� A I:;,�Ol,UT[O�\' cItAN'rt�'c Y:UZIANC,I;S '1'O 1iUNFCIPAt, LOi\IRG COl)i'; SL:C7'ION 10.03, SUI1D1'1'ISIUN 9 {C-2) :1N1) 5I;C"1'lON 10.23, SUI3D1'4'iS10N G ([3j hill; r�2010 ��'i1P;i2Lr1S, James R, hindt and irl. Joann Jundt {hereinaftei "the applicants") arc: owners of the property located at Id00 Ilracketts Point Road within the City of Orono (ht:rcinaftcr "City'") and legally described as follows: Refer to i:xhibit A auachecl hereto (hereinafter "the property"); and ��'IIP;RP;r1S, tltc applicants have made application to the City for variau.es to i��lUniCl�al %OttlnB CodC Seetitttt 10.03, Subdivision 9 (G2) and Section 10.23, 5uhdivision 6 (131 to permit structural repairs to an oversized accessory su�ucntre that is located •t' from It side Ic�t line where a 30' sethuck is required and approval of a variance that would allow structurt! intprovcntcnts ro an oversized accessory suvcutrc at 5,�i7S s.f. tvhcrc only a 3,000 s.f. structure would be allowed. Minnesota: N01�', 'CI[GI21�;i�OKIs, 13i: l'1' itTiS01,'�'I:11 by tltc City Counait of Orono. Fi\DINGS 1. 'Phis application was rcviett•cd as "1_oning bile 111010. ?. The properq� is localcd in the Lit-lA, h�kcshore Residt:ntiat "/.00int! nlstt'i�t reyuiriug � acres iu area. 'Che property consists of I3.8 acres. _� 3. The Orono Planning Commission reviewed this application on April 17. 1995, and rewnunended approval of the variances as proposed based on the follotvint! unique findings and hardships: �"f�AN3FCF� CNTERIb ERtiEfltl COUNTY iNingYEa SfiRVICES JUG i7 1995 l'agc 1 of 7 .:N� IN ti d JN. �Y UGPUTY r» SJCS oy bx H �4 CI'I`Y �f oRo�to lih:SOLU'I'ION U}"I'111: CI'I'S' CO(1\Ctl. NO. S 0 5 8 - A. "The property consists of t 3.8 acres. - 13. '1'hc structures on the propctty were conslntctcd prior to tleveaopntent of starlclards for recidenlial construction on lakeshore properties. - C. On -site septic testing has been completed li,r the property and testing has confirmed there is adequate urea turd suitable soils for development of on - site septic: systems to serve the principal structure and the earclaker residence within ti►e oversized accessary structure. _ {. The Clly Council finds that the conditions existing on this property arc peculiar to it and do not apply generally to other property in this zoning district; that granting tl►c. varilu+ce would not adversely affect traffic conditions, light, a!r nor • pose a fire hazard or other danger to neighboring property would not merely serve H5 a cgltvellience t0 IIIC tl(1plietlnlS, but is necessary to allevit►le it (lei not tslrable hardship or difficulty; is necessary to preserve a substtuttial property right of the tlpplleatits ; ante would be in keeping with the spirit and intent of the Zoning Code turd Comprehensive flan of the City. - i, 'I'Itc city Council has considered ibis application including the findings and recontntendalions of the: Planning C;onut►ission, reports by City staff, con►nrents by the applicants anti the effect or lite proposed variance on the health, safety and welftlre of the Community, CONCi,t15tON89 U121)P:I2 ANI) CUNbI'I'tUNS !lased upon one or more of the unique. findings turd hardships, the Orono City Count:it hereby grants vtuianccs to N[unicipal Cooing Code Section IU.U3, Subdivision � (C-2) and Section 10.23, Subdivision G (II) to permit structural repairs to the nonconforming oversized t1ccessnty structure that (toes not meet (lie required sine yard setback or allowed area for till accessory structure, subject to the following cortlitiors: • l . The City has approved these structural improvements to the guest residence with the tutderstanttinft that the applicants will cidler install a u>nfunt►ing on -site septic system or connect to numicipal sewer during the 1995 construction period. "I' IC City once again notes the letter from 'Thomas Crosby, Jr., applicants' attorney. I'llge 2 of 7 GPI/ CI7CY of ORd)NO Ith,SOi.U'I'1t)\` 01' 'I'Ilh l.l'f1' GOUNCII. ``Q. 3 5 5 8 _ dated March 7, 1995 confirming applicants' willingness to comply with the septic standards set forth in (lie Shoreland Regulations of both the City and State Department of Namrgl Resources. 2. Authorities granted by this resolution n►n with the property not with the applicants, btu 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 (May 8, 1996). Z-..arc . 3. Violation of or non-compliance with any of the teens 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 misdenicanor. A. 'fbe 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 Orono City Council on this 8th day of May, 1995. Nrollerty(�Jw�Y(s) (/ - Cam(/1�1•l�/� �� 4'%l•��/ Edward J. Call 4Pall, Jr., Mayor &'� Page 3 of 7 :tom: STA'ri's of 1•tINNFSOTA ) COUNTY OF HENNEPIN ) ss. CITY of ORUNO ItF:SOLUTINOt Oi\' OFpp'fI1R CITpY COUi\'Cll, foregoing instrument tvas acknotit'lcdged before me on this 8th day of May, 1995, by Edward J. Callahan, Jr. & Dorothy M, Ilamn, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Page 4 of 7 � - � Notary l dblic �- . ' �.Ijj`\ �� .�... �� G�� I'�'Y of URUIoIO ►►rsa►.tr►•►o��' ar• •r►►r: crr�' cou,�cu. ,�o. 3 �5 ;; � _ srn'►•r: oI� t�INNrso"rn > ' > _s. COUNTY OF IIENNLPIN ) - On this _/ 5�J day of � !t�/ , 199.i ,before me a Notary Public y \vithinandforsaidC_'ounty,perst)nailyap re(I�j��.r, ,,._Icr,�c([�}t(rrljel� kttowt► to me to be the person(s) described in and ��ho executed the foregoing instrument, and -�.��, ackttcn+'Iedgc(1 that he (they) executed the same as his (their) free act and deed. UNOA S. YEE r'� N01Ap7plfBtiGMINNE501A � �/ / ',�, r HENHEPINCOUNIY ��/ a'_, .Q `,/ 1..� MyCommisslonExp�rFSJtn.31,2040 Notary Public .c. s'rn'rr: or tinNNrso"rn > ss. COUN'1'1' O[� IIt.NNI'sPIN ) On this ��'� _ (lay of � , 199 ,S' , fore me a Notary i'ublic within and for s� id Count ' personal � appeared _ _ _ � '► ) , � known to me to be the persons) described in and � ' t ��ttcd the f rcgoin��''`-and acknoa'Iedgcd that he (they) executed the same as his (t r) free act Ind dccd. ,- �/ /� � u Notar) Pul C rH��.INI1 5.9 �^'th'�'NN ` htARY LU ttANKIN S'1'A'I'G OC �IINNI.SO'I'n ) � �'� f70TAgVPUO!IC—el,�:.,csoT,t ,�,� AtY COrKv[SpN E7F;gEC �.�i.ppN ) s5. COUNTY OI� lll'sNNI:PIN) .,.. ��.,�..•�•••�,••'••••"' On this _� day of � , 199__, bcti�re nlc a Notary Public - within and for said County, personally appeared _ ktto��'n to me to be the persons) described in and a'ho executed the foregoing instrutncnt, and acl:nowledec(1 that he (they) excctttcd fire same as his (their) free act and dccd. otary Publ 1'aec 5 of G ;�'�0�, . 1 �� CITY of ORO.�tO RESOI.U'TIOY Or THE CITY COUNC[I. f�; r,.s ^7tT7rt(4; t^�+�a:`JIC: al�t�: V:t,• i,��ta `; E:... :, nhhrrhl`.�,k�hnt of Or4::a "ryir. sr�F Viso: .hat :�,r: of !.;,:s 9 rns! 10. ?eH'^rra`.�.�hr:: rJI t)rcr.:J -r ,:n:: _ : J i,: . Ci:a a2:,t•vt.viu :�t^.c;Lu :'f:uZ iiil'..:':hY•1'1 e.'tri nd!;h:ly .h LL .:a :rw dcsr,; .:;ed lire•: Ca...:J:rcinR bt & :YJi;:t `_^ th9 CHnCHr'' ter, (/.^t.., ayy: ug ��? O� J.Ct tv,rtharly !:'C� ';'9 •:iUrtr:rCS*.h; iy•••^.C.' :Cr _ of �L'r. 'rrhr.�.r�a�a^t of Ororn ?rJ1rt; .;;�;;,•� e4uti:yrly klrr,� 3h:(: L'h.^.thr:�7t'' t :.i�tSl:Ct O� J :J.QCi %t:Cnr,!: .'.rJutt:i7;$L!:'"-y Ui: b :h,�t ::iSi I;'1:^J9 :C :hh risrit °•?{tn h rbUius �L '121.11 `°:c: h d.e- - :;rcr: o: !ri9.:iA i4ht: tAhnar Gnuthu9atr,rl_Y :r:..^.�eht LU t:h.:r1. 1+,.•,t - rieacr!t:a�i ru:^J,; h dis:ar:ua rif 5 inet; ther.Ce sruthNCCtyrly Cn N. .t.�•.r.-. :r.! osr^rr, :G ,ir. ri:ttt n rhdia:s Ui ti;S.T� :+:•:°, a 4t1°.:ar;cy n; ::9V25 .:;;t' thence _Aut'ntiGethri'! LJ;rt�rt;: tri ealr� la.^°: riy- sar_�ed rurvr; r: ,listerctr of 107.3 {Gtt` Lh:•R:;% �rsttrly ^�'i1:.8 bn hrct,; ri! dd Cir,1�C:-:3 ;2 t:lnutya to th9 ri,;::: � riietsr°rn ,{ 78,1 ;tat :o thh shnrG o{ Lbkt �firrt►Un.4.d hnu 6r" thi�l�.�:;.:$i sub- • Jac: th P.GrdCr rlve:tue ae osnn9d }r! C�Y;JWe^: ;1:. 2092888t _ Aiso thst ;ar: r,L vhCetsd G,nttr Avtn`aN G,', s �irl �.�n.Cr r,'lariu, uha rihdi9attd to thg public in tht ple.t a: rcearr•.nxe:;tnr o{ riT•rin9 ?out, lying eout�:rrly 4i thh u94tCr1Y 6X:Mr.siUn U1 tY:y Hurt; erl% ! i.r.: rJi L,t A, eniri �'hrrA.nBt�tnt 41 QMrdi ::r1itL n:.� r,rJrth9riy o: ° ,. s,;;,; ,);h.u:t ::eethr!y 7�riwn°litUlyr ty f,tV: �98b li;; ri: said ifJ, ; - ':... n ;r,int r,;t ehirl uGst lipg diatbrt 182,::� f.Cr° ;.qr:^:rly Yro:� t: aour,;;w,sr, r,Grnhr a{ er_iu Int d; �ilsu :;.a �,r: of '; e asstar:.Y - °rr.. vhcatrd lrnt•.r Averuy lyin; enuti:�:^:! n:: exi•1 a:.ova ri:- aa^i:.+,d g�:•;,,rgi:aler l.nyt &.*.ram blerJ t;+�i, ;w; : 0{ :�:: :+ystr;e•1! h=_ ai vFs,httd Cent- hvrnuc ly'-r�:, 'c'r:: a^_:� c .._ .:ete�!y ..�_ _ tendon r,{ thr. rort:;trly lin: Ut ey!d Ur b:.0 ly:ne srutY:nriy o: h 1'_�G drhkn rrettrly bt riQt Gn21s9 itA :; � HyttJJriy �r•:r.: o: e•i3ri ve.:.a:ad C�rttr dvrnue {rcw :he ;rJint of � �rsyation ��: �bzu wJ,st- erly lire with a li:^t dr9trn In {eht 53�LC; �; n{ t'rta fcliouir8 G,;^ scr+*eci line: C•,e•'Gr.�inst st a ;.nin::n c,ntrrlira u: ehid Ct,n� b o 1 h ��".:. h .t rt ;ar A°rar:`e diptant 89°5., t.:Gt Wort :riY ., t ,: ;or:r::f:_ t .v nor;;tr o{ sM!d Cot �� trtaay southwriy alc;.a, eeid oan;�^! ire a G1SthY:Ct 4: � {CCt tC '.rC poL,t C{ iw81r :�:..,y riY th9 _..^� iw,i:'IE ��'' SCribar:; L�.tnCt �411Lr�68Larly 41rJcE s thtle'.=^:Sihl cuMJ9, LO "e ri2nt ai:n a rsriiss rit 22! !7 {tat � dime=�,. o{ 169.3a {!`rt, t.".'� se:d liry :byre CC:Cti:.�. . - r � _. i [� ' Page 6 of 7 of "LOTTO It1;SOLL'TI�Y 4F TIIF, CITY COG�CIL No. -� '^;ct ,Ar. o: vector ^ordar Avtruc ..., laid ou; �^r dA��ioa:_•? over and across sv&rt of Lo. 9 in said Raarr&nge, en4 of Orono : o1::t whi:i; ' ias hec::een vvhe ueaterlY lln: of sa:.d CVWOr ;g-WU wnd a line clr ap., drawn ac^oai Said 243rder Avenge x4 .:eft aisles to the silo i:raa of said ,=order avenue frcn Chi ;dint of 1 Inc citn�ar1.ine of aai•? ?rrGrr rivenue vtth t :4 e deeerited sovf:,1- .oua; Haairning at a ;olnt in Cho coma^11ro.oe ae4d Canter hv- enue dtatant U8.95 fast rcrt;.rly of the ::,or tenweat corner o: said. Wt 6o :hence southerly alo:tg the centerline of ae.id Cantar Avenuo; e distv.Ca of ^N feet; twenct Southerly and Sout!:aeaterly along it t4.nger.L �? c'�re to t.".e ri2i�t uxt". a radius of �9:. +7 feet a disc tars. o.0 16M8 fee:: thence Southweotarly town a :t to lent Sa:d curve a diate.nco of 5 feot; .he" a eeu"wen:erly a;onA a :;.r.SeY- tihl curve to the right with a radiUa of 1i �io.72 :C!4 '1 C1� 9CdI1C! Of 19feet: thence aouthNcsterly tangent Ca last Said curve a distant. of 107.50 feet; thence aouthweste.ly along a teraentiai clan_ ie to the lezt with a radlua of 58 fert a dirty,^es o= 19.7 .eat; t::ean res southerly taert to last Sd a_curve a distuM4M of 6.8 _`eet: thence SOLIuse Y along a cansert:al c:uws to t let* wit:: a .adlua of 169. foe4 a diatarca of M 9 feet: thence :ouch- erly tangent to !sat deeerlloed curve a dis::ncs o: 20.5 fact: thence southerly on a Tangential ogrve to the left with a radlua v: 78.1 feet to its intersection with the centerline of acid "oru dhr Averup, end said lint Cheri ending. page 7 of 7 t R ISULUTION a 3 _ STATE OF ivINNC50'PA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy fit. IIa11In, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared die foregoing copy of a resolution of the City (:ouncil of t14e 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 May 8 . 1995 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness `Vhereof, I have hereunto set my hand and seal this 9 th day of May 19_��,. (SEAL) o M , tr Cjr, (•j 13 Olf 14, 10 �t r a) Ua tea (r) as In n LO (,) A. RESOLUTION OF THE CIYY COUNCIL. NO* A 6j7 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.031 SUBDIVISION 19 AND A VARIANCE TO SECTIONS 10,55, SUBDIVISION 8, AND SECTION 10.5f, SUBDIVISION 16 (11) FILE NO. 2071 �ti'HERLAS, James R. Jundt and M. Joann Jundt (hercinaficr the "applicants") are owners of the property located at 1400 Brackens Road Within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter the "property"j; and WHEREAS, the applicants have applied to the City for an amendment to variance/conditional use permit approval granted by the City in Resolution No. 3539 on March 13, 1995, requesting a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10,5ti, Subdivision 16 (J) to allow excavation and filling within 75' of the lakeshore where no such work is normally allowed, and a conditional use permit per Section 10.03, Subdivision 19 for said grading and filling. ►� ' NOIV, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. 'fltis application t�•as revicti�•cd as Zoning Filc lt2071. 2. The property is located in the LR-IA Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 18, 1995 and recommended approval of the proposed variance and conditional use permit, based upon the following findings. r_ i TRANSFER ENTERED HENNEPIN COUNTY TAXPAYER OERVICES Page 1 of 7 DEC 5 1995 j INEW . e _ o1EPutr p 0 RtrSOLUTION OF THtr CITY COUNCIL NO. a. The proposed excavation and filling is to allow far the waterproofing of an existing tunnel leading from near Bracketts Point Road to the basement of tie greenhouse. A portion of that tunnel is in the 0-75' lakeshore setback zone where no excavation, grading or filling is normally allowed. - b. Work on the retaining walls at the entrance to the tunnel was approved with Resolution No. 3539 on March 13, 1995, but the information with that variance/conditional use permit request did not indicate the proposed excavation/waterproofing/filling/regrading work was intended. c. Applicant's contractor removed a 36" elm tree in the 0-75' zone without obtaining a permit as required by Zoning Code Section 10,22, Subdivision 3 and Section 10.56, Subdivision 16 (1). Removal of this tree was necessary in order to allow proper completion of the proposed waterproofing work. d. The applicants propose to mitigate the loss of tiie 36" elnt by planting two _ 102 diameter apies in its place. -- e. Applicants propose to complete the excavation and waterproofing work and restore the site to existing grades in a timely manner. 4. The City Council has considered this application including the findings and recommendations of 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. 5. 'rhe City Council finds that the conditions existing on this property are peculiar to It and do not apply generally to other property in tills zoning district; that granting the variance and conditional use pemut would not adversely affect traffic conditions, light, air nor pose n fire hayard or other danger to neighboring properties, would not merely serve as a convenience to the applicant, but is necessary to alleviate a ir 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 oil the E Zoning Code and Comprehensive Plan of the City. Page 2 of 7 . I �4 RESOLUTION OF THE CITY COUNCIL. NO. 18s17 CONCLUSIONS, 4RD[?R AND CONDITIONS Based upon the above findings, the Orono City Council hereby gr�u�ts a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (J) to permit the excavation, waterproofing, filling and restoration of pre-existing grades for the tunnel located in the 0-75' Lakeshore setback zone where no grading or filling is normally allowed, and grants a conditional use permit per Section 10,03, Subdivision 19 for said work, subject to the: following conditions: 1. Areas disturbed during waterproofing of the tunnel must be restored to pre-existing grades and sodded as soon as practical after grade restoration. _ 2. Applicants shall mitigate the loss of a 36" elm tree in the 045' zone by replacing with three 4'/i' maples per the site plan attached to this resolution as Exhibit B, such replacement to occur as soon as practical after grade restoration. 3. Prior to issuance of required land alteration permit for waterproofing project, applicants shall submit a comprehensive plan for the entire property indicating the _ status of all completed/underway/future projects, to be submitted by Friday, October 13th. I' r d 4. 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 permit within one week of the date of Council's approval, or the special conditions of this �� T resolution will expire on that date (October 9, 1996). _...;_ 5. 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. 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors attd assigns, - - hereby agree to the recording of this resolution in the Chain of Title of the property. f. Page 3of7 M .4#: A T: ti RESOIUTIbN OF THE CITY COUNCII NO. 8617 Adopted by the Orono City Council on this 9th day ofOctober, 1995. A Hal in, City Clerk Edward J. Cat rr., ntayur Pro a er(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 9th day of October. 1995 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public I'age4of7 t RESOLUTION OF THE CITY COUNCIL NO,__8G17 - STATE OF 1viJNNESOTA ) ss. AM COUNTY OF HENNEPIN ) On this (per day of 10_JY4t(' , 199 5' ,before me a Notary Public ' within and for said County, Personally appeared � jrj4l v, n Or .Jn +v.C'S �T+tk- known to me to be the person(s) described in and wh executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JEAN D. SCANto wouuvtutus WNNISore My CgMMVSSIQN EXPIRES _� ,,..� JANUA4Y 31, 4a00 ` Public STATE OF MINNESOTA ) _ SS. _ COUNTY OF HENNEPIN ) On this day of , 199 before me a Notary Public E withinand 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. E Notary Public I'aee 5 of 7 r RESOLUTION 6 7 I;XNIBIT A - LEGAL DESCRIPTION OF PREMISES SURVEYED Lots 5 and 6, Rearrangement of Orono Point; Also: that part of i.ots 9 and 10, Rearrangemcnt 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 of 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 tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a distance of 119.25 feet; thence vim tthwestarty tangf.nt to said last described curve it istance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right 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 (lie 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 of vacated Center Avenue lying southerly of said above described perpendicular line; and also that part of the westerly half of vacated Center Avenue lying northerly of the westerly extension of the northerly line .A said Lot 4 and lying southerly of a line drawn easterly at right angles to the westerly line of Laid 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 corner 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 221.17 feet a distance of 169.38 feet, and said litre there ending. 5 RESOLUTION �jV 6 t-� Also 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 of said Center Avenue distant 588.95 feet northerly of the northwest corner 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 with a radius of 56 fept a distance of 19.7 feet; thence southerly tangent 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 it radius of 78.1 feet to its intersection with the centerline of said Border Avenue, and said line there ending. i F f i " e t 1 i- '''v;�r��r;•:�,.IiM :' 'ON NOIJ,fI'IOS32i •. .1',x ,_.,•. �°��'i'1ii�1".r'i`''f ci:'� `` 8 ,LIHIHX3 ,�'c-;��,'' � •�•�-�•:•s,•�'c:'' , _ , S.i �'Mt�y f.l.ti:l'. i �..�/ .�. iiN�`�.l_ 11 _'W1�•'. ', :t .al '�' '' 't' r•Y,' gip, +'•., yy '. � \1•� �Jft Q •-� ,w �t. ':.: f�'•'.' •'ftii••�.4y;�}ij�TY�; `' .• � ;r{� ��" �• 1 RESOLUTION N '$ t r STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN) CrrY OF ORONO ) i i✓ 1, Dorothy M. Hallin, 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 9, and that the same is a true and correct t copy of said resolution duly adopted by said City Council at said meeting, f: In Witness Whereof, I have hereunto set my hand and seal this 16th f day of October , 1995 r t Ob e I _ e oro y M. H I' ,City Clerk (SEAL) ! r -N t f { p r �7 �r I.L w U �o rr, r) cv c ) w a LL w co coo „ -; re r� - CITY ®f ®MONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 R� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10,22, SUBDIVISIONS i AND 2, 10.559 SUBDIVISION 8, AND 10,56, SUBDIVISION 16 (C & L) - FILE NO. 2159 WHEREAS, James and Joann lundt (hereinafter "the applicants"} are the owners oI the property located at I400 Bracketts Point Road within the City of Orono (hereinafter "the City") and legally described as follows: (E:th(bit A nttached); and \VIIERI;AS, the applicants hPM ave applied ►o the City for variances to bfunic(pnl Zoning Codc Sections 10.22, Subdivisions 1 and 29 10.55, Subdivision 8 attd 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 where no hardcover or structure is normally allowed. - NOW, TIiEREFORE, BE IT RESOLVED by the City Council of Orono, ivtinncsota: FINDINGS 1. This application was revieued as Zoning File �=1s9. 3. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 16, _ 1996 and recommended approval of the proposed variances to restore the lakeshore stairway system, retaining wall and underground grotto, based upon the following findings: TRANSFER ENTERED rMcrw cot,<try rAWArttt ttcMcts Page t of 5 A r u /r RESOLUTION OF THE CITYCOUNCIL N0. 3 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. Be 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 are 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 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. p 5. The City Council finds that the conditions existing on this property arc peculiar 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 F serve as a convenience to the applicants, but is necessary to alleviate a L demonstrable hardship or difficulty; is necessary to preserve a substantial ro erty right of the applicants; and would be in keeping with the spirit and e P PPP � � Pg P� � intent of the Zoning Code and Comprehensive Plan of the City. i COi+1CLUSIONS, ORDER AIVD COND[TTOYS Based upon the above findings, the Orono City Council hereby grants variances to btutticipal Zoning Code Sections l0.22, Subdivisions 1 and 2, 10.55, Subdivision 8, and l0.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore stairway Page 2 of 5 Pi b W*9411MI Nil ♦ • Offyof OitONO RESOLUTION OF THE CITY COUNCIL NO. 3786 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, prc-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 045' 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 045' 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 dctctmined to require variances, shall be brought — forth to the Planning Commission and City Council as a separate application. 3. Authorities grained 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 28, 1997). 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. 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 die recording of this resolution in the Chain of Title of the property. Page 3 of 5 � o t, h u. ifL. .. III - r••�•i'y , RESOLUTION OF THE CITY COUNCIL N0. 3786 Adopted by the City Council of the City of Orono, Minnesota at a regular - meeting,aheld'on the 28th day of October, 1996, ..For y �y orothylM pin; Cily Clerk Edward J. Callglfan, Jr., Mayor DW Pro c"(W (s)41IF IV, STATE OF MINNESOTA ) ss. •-_ COUNTY OF HENNEPINhot ) The foregoing instrument was acknowledged before me on this 28th day of October, 1996 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Not Public ~_ 9 lite =,9UNI VIE OTA3i.2l >19 ..: :.n Page 4 of 5 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) III e IS CITY of of ONO RESOLUTION OF THE CITY COUNCIL NOR 3780 ss. On this ? / CI 199 i , before me a Notary Public withinand forsaidCounty, personally appeared ;111:rc nI Tonto; Tvrdwt - mown 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. IN L PUBUCHVEE .,a �i v •d • �.C? 1L NOtAnY %IDt1GIANHfSOrA ROMMMMNotary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNITIN ) On this day of iar 9�, e me tart' lie within nnd for said County, personally appeared known to me to be the person(s) described in and wh6executed the forqg6fing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. r No Public - i t IgGY'f Np1C WNMSOIA SoO MYCOMMIS�ONBFIRES JANtMAY31.4000 i I :t t Page 5 of 51 k.r: i • RESOLUTION LUTiIB1T 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 of 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 tangent to said last described curve a distance of 5 feet; thence southwesterly on a tangential curve to the right a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to said last described curve a distance of 107.3 feet; thence westerly making an angle of 44 degrees 42 minutes to the right a distance of 79.3 feet to the shore of Lake Minnetonka and there terminating; subject to Border Avenue as opened by Document no. 20928866 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 of vacated Center Avenue lying southerly of said above described perpendicular tine; and also !tat part of the weste-'*• half of vacated Center Avenue lying northerly of the westerly extension of the northerly line it said Let 4 and lying southerly of a line drawn easterly at right angles to the westerly tine of aid vacated Center Avenue from the point of intersection of said westerly z� line Milt 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 corner 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 221.17 feet a distance of 169.38 feet, and said line there ending. 9 RESOLUTiON :.. Also ?;; 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 lint drawn across said Border Avenue at right angles to the side line of said Hardee ::` `� '. 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 of said Center Avenue distant:. 588.95 feet northerly of the northwest comer of said Lot 5; thence southerly along the centerline f 'd C A df 5 feet, a• thence southerlyand southwesterlyalongtangential 4 o sat Center a distance o ee 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 ' wiGa a radius of 56 feet a dutance of 19.7 feet; thence southerly tangent 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, Jundt Residence 1400 Bracketts Point Road Orono, MN 55391 Restoration of Edsting 8 June 1996 LEVEL AND RESET EXISTING STAIR SLABS INCLUDE STAIR REPAIR AT STAIRS NORTH OF SITE l Otomo, 3�060 6 Grottd. 'c a Not 140 Me 1 ;Nov nEPLACE EXISTNG METAL HANDRAIL W% NEW PTO. oECORARVE CAST ALUMINUM HANDRAIL No ON �ti [ Addl NO IN ON NO .• ;. t.. 1 ._ ._ _•. LAKE »= IA"._ _ BROWNS BAY _ � � �o,a �„�—_ml -- So Pa owmago wwog� go Magog "amovea 010,104, go goal aa"Wm--gh -ota- -_ - «{_asmag,- aft am a a* 0 got, woft-- - - nIwl-..-_ am — -- — •r::--- __ __—mes to) _ amm__ sa__� :*�. goal 0 :ray:- -1- -- _ it --�- to go ago It AP At L It Van at F • — •vnc R 1 m l ' 1 • t r-r L caA �. u, .. —� ..•,n ti,.0 o, among, mapag MRVICE GOURT, nr•� �� J_ ._....ta y p1 two ol ph a. MAN m% jF to Ab gou..r.a... t�wr+.ribLLIt A Memo ' .v...•. •ci..�.'.... i •� �� zr..w...lsl a' • �..lm ca' -•. _ '• 7o..+t• Y�" : . �.:::•; •.7 . �`!•arl /(p rr y �t� b ice) .� As go Ave 0tgo, am.- .. .. go to map oft. 0 to ot It 01, It " j♦♦w p ♦ Nor go. At' ♦\ ♦, fir toIt '• •Ranh, - . g /F/ off 04 Lt 1 , i. Y1 ilijL Iq -44 RESOLUTION ft s 7 8 S lr:iN 11,11, STATE OF MINNESOTA j COUNTY OF HENNEPIN) CITY OF ORONO so l It .'� J`r I, Dorothy M. Hallin, 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 Ciry Council held on October 28 1996 , and that the same is a true and correct - copy of said resolution duty adopted by said City Council at said meeting, - In Witness Whereof, I have hereunto set my hand and sea! this 130 th day of October , 19 96 - lop it It I di - I (I C `} Dorothy M. , Ciry ;o. SSA). :na . .- toll f14 it Is 4t ... . •. �, r At -?at r I1t0 Food Y�FoJ♦,aryl " _ - 'FIFF 1 ry S prIt rd"IS, 1> .. _ ^T CLi i f N FF r L� IFIFIN ri. .h til A' ] .^ !H Ml : r't �' y}77��U OF 11 I I. I M. IF 1 add IF =0 uy =Farfit, Vi .... Flood \ Ak L' -Fd5,. lk.d go I At FFF OFF a IF VYM CJ _ _ tU (� .(• a �' U a all +1 � o ul O 'x (� m oti r� R,raw " ' ;_ :X t il� dFA Or FFL A al ,i Aa IF FL 4 wad. adt- 41 OF :,a ' s_: p14 Fal cL- . IF 1�.'_ �.�'•Ad `a; ow Ft N. I OF 11 I. a IF ap JOF SUAW UMM► THIS AGREEMENT, make this. day ofJILa1997, between James R. Jundt and Mary Joann Jundt, husband and wife ("Owner") and the City of Orono, a Minnesota municipal corporation ("Ci.ty"). RECITALS* A. Owner is the holder of the fee simple interest in property located in Hennepin County, Minnesota, and legally described on Exhibit A attached hereto and made a part hereof (the "Property"). B. The City desires certain easements for the purposes hereafter set forth, and Owner has agreed to grant such easements upon the terms and conditions contained herein. HOW, TI�REFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration given to Owner by the City, the receipt and sufficiency of which is acknowledged, it is agreed: AGREEMENTS 1. Grant of Easements. Owner hereby grants to the City for the benefit of the public, nonexclusive easement (the "Easement") over; across and upon that portion of the Property legally described on Exhibit B attached hereto and made a part hereof (the 'Basement Area") for the purposes of constructing, reconstructing, maintaining, repairing and use of a sanitary sewer system and all appurtenances thereto, including, without limitation, signage (hereinafter referred to as "Public Improvement"). The Easement shall exist so long as the City uses the Easement Area for the Public Improvement. Upon cessation of such use by the City, the City's rights herein shall terminate. 2. Maintenance. At the request of Owner the City shall maintain at its own expense the Easement Area. Said maintenance obligation shall include, without limitation, keeping the same in good and safe condition for the purpose granted herein and reasonably free and clear of foreign objects, debris and obstructions. 3. Liability and Indemnification: Insurance. The City hereby agrees to indemnify and . save the Owner harmless from and against any and all suits, demands, liabilities, costs and other expenses, including reasonable attorneys' fees, incurred in connection with or arising out of the use of the Easement Area by the City, its contractors and agents or the general public for the purposes granted herein, excluding, however, from such indemnity any loss resulting from acts of Owner and his invitees. The City shall be responsible for obtaining and maintaining public liability insurance over the Easement Area in such limits as City, in its sole discretion, deems reasonable and sufficient. 4. 036nefs Covenants. Owner covenants and agrees that: 5 a. The Easement Area shall not be encroached upon by fill, excavation, paving or concrete, erection of buildings or permanent enclosures, fences or walls, or other obstruction by Owner which would interfere with, or which would otherwise obstruct access to the Public improvement in any manner by Owner. b. Owner has the lawful right and authority, without restriction, to convey the easements as herein granted, that the Easement Area is not subject to any other interest other than the interests of Owner. c. The Easement Area is embraced wholly within the Property. 5. BindingEffect. The terms, provisions and easements provided herein shall inure to the benefit of and be binding upon the heirs, legal representatives, successors and assigns of the Owner. The covenants, agreements and easements contained herein shall be deemed to run with, burden and benefit the Property. 6. Termination of Easements. In the event that use of the Easement Area is at anytime discontinued by the City, the City shall have the right, but not the duty, to enter further upon the Easement Area and remove all or any portion within one year of such discontinuance of the Public Improvement which has been placed upon, over or under the Easement Area. 7. Reloca#ion of Ease ent. Owner may, at Owner's expense, at any time xelocate, all or any portion of the Easement on all or any portion of Owner's Property which relocation shall be subject to the approval of the City. Upon any such relocation the City shall vacate the Easement Area no longer utilized and the Owner shall grant an Easement on that portion of the Property upon which the relocated Easement exists. IN WITNESS WHEREOF, this Agreement has been executed as of the day and year fast above written, subject to all of the terms and conditions herein set forth. CITY OF ORONO r STATE OF MINNESOTA ) ss COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of 1997, by Gabriel Jabbour and Dorothy M. Hallin, the Mayor and City Clerk, respectivelytof City of Orono, a Minnesota municipal corporation, who executed this Agreement and acknowledged that they executed the same on behalf of the City of Orono. (j N STATE OF 1V�NNESQTA ) ss COUNTY OF HENNEPIN } ' `.40 , 3.11� M ,76311 The foregoing instrument was'acknowledged before me thisc2K day of �t"�`� , 1997, by James R Jundt and Mary Joann Jundt, bust; Notary Public This instrument was Drafted By: nshaw &Culbertson 3300 Piper Ja�ay "Power 222 South Ninth Street Minneapolis, MN 55402 (612)333-4800 ckwney Cl�oAwie.K A9.OROSB4 JR. NOpT'E.... PIJD�,,11NNESOTA NOTARY PU8lIC MIryNESOTA MNCOMM155(an Exthsian.31 2O0Q Bxhibit A ^ki. Qv PB-ttSr-G-SS ISUL 2= U=1aa1t✓11nt4 ts 5 and d. Rearrangement of krona Paint; Also: that p;rt of L�;ts 9 and i0, Resarrangeeaent of Orono Point rand the accretions thereto lying Southerly and Easterly of the foilou- fitp, desrri.b;d line% •Comtaencing at a paint" in the centerline of Center Avenue 588.95 feet rortherly from the northwesterly corner rif Lot 5, Rearrangement of Orono Point; thence southerly along said c.entgrlirae a distance of 5 feet; thence southwesterly on a tanEerttial curve to the right with a radius of 221617 feet a di_- inc*t co)f 159,3•l fePt.; th.:sry nr:uthtlegt,+grwy thngnr+ t� rstid 1ry'• dFarrtt;ed curve a dietance of 5 feet; thence aouthweaterly on a t oag,•nti+,l curve to the• right a radius of 445M feet a distance o: Ii9,25 feet; thence southwesterly tangent to said last dF- ecrilwd rlirvr: a distance of IM3 feetko thence westerly making an artale of 44 degrees 42 minutes to the right a distance of 79.3 feet to the ettore -of Lake tiinnetortka and there terminating; aub- acct to P,ordor Avenue as oi•ned by Doovmrnt nog 2092886, Also that part of vacated Center Avenue ae said Center Avenue was dedicated to the pudic in the Plat of Rearrangement of Orono Paint, lying aoutherly of the westerlyexthneion of the. northerly lint of trt 4, said Rearrangement of Orono Point and northerly of ;} line: drawn westerly perpendicular to the west line of said Lot 4 from a viint on said v*st line distant 182,29 feet northerly from the southwest corner of said Ent 4; also that pert of the westerly half of varatwl Center Avenue lying southerly of acid ak'ove de- a%riberl ;.rsrxwsndicular line; and also that imirt of the Westerly half of vacated Center Avenue lying northerly of the westerly ex- tension of the northerly line, of said Lat"4 and lying aouthtrly of a line: drawn raeterly at right angles ko the westerly line of said vacated Center Avenue from the point of intersection of said west- erly line with a lint drawn 10 feet easterly of the following dh- acribed line: Commencing at a point in the centerline of said Cen- ter Avenue distant 588.95 feet northerly from the northwesterly corner of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being de- scribed; thence aouthweaterly along a tangential curve to the right with a radius of 221.l7 feet a distance of 169.38 feet, and said Line there tadinam Also 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 Ilea between the wtaterly line of said Center Avenue and a no drawn drawn acroaa said Border Avenue at right an8lee to the aide linea of said Border Avenue from the point of intersection of the centerlino of said Border Avenue uith a line described as fol- lows: Beginning at a point in the centorlino of anid canter Av- enue distant 588.95 feet northerly of the northwest corner of said Let 5: thence southerly along the centerline of said Center Avenue a distance of 5 feet; thence aoutherly and southwesterly along a tangential curve to the, right with a radius of 221.17 feet a dia- tanee of 169.3E feet, thence aouthweaterly tangent to last said curve a distance of 5 feet; thence aouthwesterly along a tangen- tial curve to the right with a radius of 445 M feet a distance of 119.25 feet;. thence southweaterl;,ot went to last said curve a distance of 107.30sfeet; thence aouthweaterly along a tangential carve to the left with a radius of 56 feet a.distarce of IM feet; thence southerly tangent to last paid cv rve a distance of F.8 feet; thence southerly along a tangential etu ve to the left with a radius of 169.7 feet a distance of MS feet; thence aouth- crly tangent to last described curve a distance of 20.0 feet; thence southerly on a tangential curve to the left with a radius of 78.i feet Lo its interaeotiori*with the centerline of paid Bor- cirr•Av+:nuh, and said line there ending. to : tw . . ?`.^ .IS IP 1.1_i i A twenty {24) foot wide corridor centered on the following described Line A; commencing at the intersection of the centerline of Bracketts Point Road and the southerly lot line of the Property; thence north on an assumed bearing of north 27°5958" west a distance of 206.50 feet; thence northwesterly on an assumed bearing of north 39037'25" west a distance of 329.47 feet; thence northwesterly on an assumed bearing of north 43038' 14" west a distance of 95.16 feet; thence northerly on an assumed bearing of north 03°50'45" west a distance of 294.91 feet and thus terminating. Also a twenty {20) foot wide corridor centered on the following described Line B; commencing at the most northwesterly corner of the Property; thence easterly along north lot line a distance of 16.21 feet to the point of begirniing of Line Be thence southerly on an assumed bearing of south 10°36'05" east a distance of 237.52 feet; thence southerly on an assumed bearing of south 11°20'24" east a distance of 302.75 feet and thus terminating. Also a twenty {20) foot wide corridor centered on the following described Line C; commencing at the most northwesterly corner of the Property; thence east along north lot line a distance of 16.21 feet; thence southerly along an assumed bearing of south 10°36'05" east a distance of 237.52 feet to the point of beginning of Line C; thence southwesterly on an assumed bearing of south 56°56'39" west a distance of 331,76 feet and thus terminating. c Micr CLM " ff) C`'7= tot ., . rs OCJp O +.. '0e 'y t"` ttt m /r pei r-1et 9 Y 4.y L)CO V d co co Gl C1 � t Ut t Y Q 4"" T t y-.r r 4" .ter wt r7 'wX!. L'ld L% w t ti 7334860 CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 4180 ' A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.229 SUBDIVISIONS 1 AND 21 10459 SUBDIVISIONS, AND Metro Lega! S• r'10:66,ISUBDNISION 16 (C Sr L) Box 491 FILE M 2421 NHEREAS, lames and Joann ter rip (fieRinafter "the applicants") arc the Darters of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the City") and legally described as follows: (F.xfu'bit A attached); and WHEREAS, the applicants have applied to the City for renewal oEvariances to Municipal Zoning Cade Sections 10 22, Subdivisions I and 2 I055, Subdivision 8 and lOS6, Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within the 045' lakeshore setback zone where no hardcover or structure is normally allowed. Minnesota: NON, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDNGS 1. This application was reviewed as Zoning File m2421. 2. The property is located in the LR-IA Single Family Lakeshore Residential Zoning District 3. The Orono Planning Commission Originally reviewed this variance request on September I6� 1996 and recommended approval of the proposed variances to restore the Lakeshore stairnny system. retaining wail and underground grotto, based upon the following findings: Page 1 of 6 CITY of ORONO RESOLUTION OFTHECITYCOUNCIL M 41$U A. The property is unique for a number of reasons, including its one its history and the fact that applicants have been diligently restoring the property to its former splendor_ B. The proposed work. involves restomtion ofarrtenities or structures which already an does not propose any neNr bulidings or amenities. C. The 65t1' length of the eastern shoreline justifies the e:cistence of as many as four Lakeshore stairways to provide access to the lake from the higher portions of the property which are as much as 25' above take level, and the steep slopes east of the horse 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 valiance renewal and on a vote of 4-0 recommended approval, Ending that the findings and conditions of the prior approvals as noted to Resolutions No. 3786 and No. 3986 are stilt 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 peculiar 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 sere as a convenience to the applicants but is necessary to alleviate a Page 2. of 6 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4kO0 demonstrable hardship or difficulty; is necessary to preserve property right of the applicants, and would be in keeping with intent of. the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDE[L AND CONDITIONS a substantial the spirit and Blued upon the above findings, the Orono City Council hereby grants renewal variances uU&Fal Zoning Code Sections IO �?, Subdivisions l and 2, tOSS, Subdivision 8, and IOS6, Subdivision 16 (C & L) to permit the restoration of the existing Lakeshore stairway system, retaining pall and underground grotto, subject to the following conditions: t. The restomtioti work shall not exceed that contemplated or proposed in the submitted plans. Hardcover in the 0 �5' Lakeshore setback zone shall nat exceed the prc-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, resuttfug in no net_ increase in hardcover in the 045' zone. 2. Structural restoration of the existing boathouse is specifically not a part of this approval, and sttvctuml repairs to that building shall be reviewed by the inspections Department and if determfaed to require variances, shall be brought forth to the Planning Commission and City Council as a separate application. 3_ Authorities granted by this valance tort with the: property not with the applicants, but arc permissive only and must he exercised by application for a building permit within one year of the date of Councit 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 valiance shall constitute a violation of the zoning code,. shall automatically terminate any autholty granted herein, and shalC be punishable as a misdemeanor_ Page 3 of 6 r CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO, A 1 Q n *� 5. The undersigned applicants have lead. 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 Ciry Council of the City of Oroao, Minncsotn nt a regular meeting held on the 26th day of October. 1998. STATE OI� MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of October; 1998 by Gabriel Jabbour and tinder S. Vee, Mayoc and City Clerk of the City of Oman, a Minnesota municipal corporation and said instrument was executed on behalf of the City. Notary Public Page 4 of r CITY of ORONO RESOLUTION OF THE CITYCOUNCit_ N0. 4180 ss. COUNTY OF FIENNEPIN ) this � day of t�n-i�F,�r L99q before me -a Notary Pubtia within andforsaidcounty, personally appeared �jMnn QUIML - rw r Io 'C.hp� �Lunc%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. CAROLEA.H. FAM t i�"n,•• t10'JhYf1.ElR:•AYIS'fLu7A ! n t�t+xtfctccurtr 3: `' ,s•/.. % �-�,P��.../ ` t•SyCcm'fslci trlr�tn9t."cC1 r: NOTARY PUBLIC STATE OF MINNESOTA ) ss. COUNTY OF fiENNEPIAI ) On this,2VAILday of /o a to her .19947 before me a Notary PublIa within a idforsaidcounty, personaUyappeared_j & T lt— -f- S„ r Jt known to me to be the person(s) descried in and who executed the foregoing iostruznent,and acknowledged that he (they) executed the same as his (their) free act and deed. i ` CAROLEAHA. c'.VA NOTARY PUBLIC- IMIAAYFUIM�Xv TA Page 5 of 6 CITYof ORONO RESOLUTION OFTHECITYCOUNCIL No. 418y ss.. COUNTY OF HENNEPIN ) On this day of , 199_before me a lYotary Public within and for said county, personaiiy 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 iastrument,and acknowledged that be (they) executed the same as his (their) free act and deed. NOTARY PUBLIC 6 ■ 1 Page 6of6 CITY of ORONO RESOLUTION OFTHECITYCOUNCII. NO, 41 v ss. COUNTY OF HENNEPIN ) On this day of , l99_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 withfa and for said county, personally appealed knower to me to be the person(s) described in and who executed the foregoing lastturtent,and acknowledged that be (they) executed the same as his (their) free act and deed_ 9 NOTARY PUBLIC Page 6 of 6 RESOLOTION f4180 F7niIBIT A Sheet 1 of 2 ibF:�s�r�4Z.] Lots 5 and 6, Rearrangement of Orono Point; Also: that part of Lots 9 and 10, Reamangement of Orono Point and the accredoas thereto tying 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 comer of Lac 5, Rearrangement of Orono Point; thencesoutherly along said centerline a distance of 5 feet; thence southwesterly on a tangential curve to the right with a radius of 221.17 feeta distance of 169.38 feet; thence southwesterly tangent to said last described. curve a distance of feet thence southwesterly on a tangential curve to the right a. radius of 445.72 feet a distance of 119.25 feet thence southwesterly finganL to said last described curve s. distance of 10T.3 feet thence westerly making an angle of 44 degrees 42 minutes to the:right 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 it 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 comerof said Lot 4. also that part of the westerly half of vacated Center Avenue lying southerly of said above described perpendicular line; and also t part of thc: westerI•r half of vacated Center Avenue lying northerly of the westerly extension of the northerly line it said Lat4 and lying southerly of a line drawn easterly at right angles to the westerly line of _aid vacated Center Avenue from the point of intersection ofsaid westerly line with a line drawn 10 feet easterly of the following described line. Commencing at a point is 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 righr =_ with a. radius of 221A7 feet a distance of 169.38 feet, and said line there ending. RESOLTITION f4I80 t IT A Sbeet 2 of 2 ALSO 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 CenterAvenue 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 of 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 MO. a radisrs of 56 feet a distance of 19.7 feet; thence southerly tangent 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 leer 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-78A feet to its intersection with the centerline of said Border Avenue, and said line there ending. exouxssnr - 4 c A7 HE50LOT Bmw 14180 ESHIBIT B-1 r4 ICM1M6DIPT ,`��`•• (aMV sa � rr � /r 064it: / r MANS r /r t I II Jundt Residence 1400 Bracketts Point Road oronar M 55391 Restoration of Existing Bc June 1996 LEVEL AND RESET EXISTING STAIR SLABS INCLUDE STAIR REPAIR AT STAIRS NORTH OF SITE RESOLUTION 14180 E7CHIBLT B Z se & Grotto. REPLACE- EXISTING METAL HANORAIL Wj NEW PTD_ OECORATNE CAST ALUMINUM HANDRAIL 1y � � a RESOLUTION N � 1 � � STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OFORONO ) [, Liada S� Vice, City Clerk of the. City of Orono. Hennepin County, Minnesota, do hereby certify that [have compared the foregoing copyofa resolution oFthe City Councit afthe City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting ofsaid City Council held an October 26. 1998 and that the same is a true and correct copy ofsaid resolution duly adopted by said City Council atsaid meeting. to Witness Whereof, I have hereunto set my hand and seat this 30th dayof October l9 98 Linda S. Vee, CityClark AAA A, Doc No 8840452 0810412um 03:09 PM Certified filed and or recorded on above date: Office of the County Recorder Hennepin County, Minnesota Michael H. Cunniff, County Recorder TranslD 243729 Deputy 3 Fees $35.50 DOC $10.50 SUR $48.00 Total I r RESOLUTION OF THE CITY COUNCIL, No. 5 4 8 3 A RESOLUTION GRANTING A HARDCOVER VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT FOR LAND ALTERATIONS WITHIN THE 0 — 75 FOOT SHORELAND ZONE PER SECTION 78-966 FILE NO* 06-3205 WHEREAS, Mary J. Jundt and James R. Jundt, wife and husband, (hereinafter "the owners") are the owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter the "City") and legally described on Exhibit A attached to this resolution; and WHEREAS, the owners have made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1288 to allow replacement of the fourth set of lake access steps on the property; and WHEREAS, the owners have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-966 to allow grading within the 0-75 foot shoreland zone to create a path for a wheelchair adjacent to these steps; and WHEREAS, 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 a public hearing on June 19, 2006, at which time all persons desiring to be heard conceming this application were given the opportunity to speak thereon. Minnesota; NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #06-3205, Page 1 of 5 J Zr J) RESOLUTION OF THE CITY COUNCIL No. 548 3 2. The Planning Commission reviewed this application at a public hearing held on June 19, 2006 and recommended approval of the variance based on the following findings. a. The proposed steps would replace a set of steps approved in Zoning File # 944 867 that have deteriorated. An asphalt path to those steps approved in Zoning File # 95-1992 has already been removed. b. The hardcover associated with the new steps would be less than the hardcover associated with the existing steps. c. The proposed steps would have less visual impact than the existing steps. 3. The Planning Commission also recommended approval of the conditional use permit for land alteration within the 045 foot shoreland zone based on the following findings. a. The grading will provide a path that will facilitate access to the dock by persons using wheel chairs and person who have difficulty negotiating stairs. b. There will be no hardcover associated with the path. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, continents by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City 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 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 owners, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial Page 2 of 5 �nj �4/ will Wi'i l RESOt.UTION OF THE CITY COUNCIL NO. it property right of the owners; 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 one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-350 and 78-1288 to allow replacement of the fourth set of lake access steps on the property, subject to the following conditions; 1. Council approval is based on the site plan submitted by the owners and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover associated with these stairs shall be limited to 167 square feet. Owners are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. CIA 3. Once the existing steps have been removed the variances granted in Zoning File # - 1867 for the steps and in Zoning File # 95 -1992 for an asphalt path to these steps shall terminate. 4. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (June 26, 2007). 5. 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. 6. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of the owners and the owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 3 of 5 ,t RESOLUTION OF THE CITY COUNCIL. Based upon one or more of the findings noted above, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 7&966 to allow grading within the 045 shoreland zone per the grading plan attached to this Resolution as Exhibit B and as annotated by City staff, subject to inclusion of erosion and sediment control details on the final plans. Adopted by the Orono City Council on the 26`h day of June, 2006. ATTEST: ,z.o Linda S. Vee, City Clerk �! IA Barbara A. Peterson, Mayor James R. Jundt STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me on thisCA day of �, 2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. ^:145sK :.Vos Jao 31. 2010 Page4of5 • a \4 STATE OF MINNESOTA COUNTY OF HENNEPIN RESOLUTION OF THF�ClT8 C��OUNClL NO. $$ The foregoing instrument was acknowledged before me on this �3 day of , 2006 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal co oration and said instrument was executed on behalf of the City, `� RACHEL DODGE �!r . �u �= NOTARY PUBLIC • MINNES07A t 1'•K j{v Commission Expires Jan. 31, 2010 STATE OF MINNESOTA COUNTY OF HENNEPIN >`locary ruouc This instrument was acknowledged before me this ,•%� day of li , 2006 by James R. Jundt, husband of Mary J. Jundt, BARBARA G. SILUS ', NOTARY PUBl1C • M{NNESOTA My Commission Expires Jan. 31, 2008 STATE OF MINNESOTA COUNTY OF HENNEPIN w This instrument was acknowledged before me this (� day of ,t. , 2006 by Mary J. Jundt, wife of James R. Jundt. RACHEL DODGE NOTARY PUBLIC-MINNESOTA My Cammisslon ExpUes Jan. 31, 2010 otary Public Page 5 of 5 83 �xhibih A tr:t8 F, and h, Rearrrirrmrnt of Orono Foint; Also; that part of Late 9 axtd 14, Rr,arrangemrnt of Qro11r: Point rind L11c O'C4i•btiuYut t},vteLil lYi'u9 ^nusth;�lY by4d Be.starly of *44 ftrllrw itt� deaaribed lino:: Commenoing at u paint In the centerline of Center Avenue 588.95 fet northerly from the NarthwasterlY comer of I1at !�, ftaarrar��;mrnt of Orono Point; then. southerly along said centerline.a distance of 6 f0t; the ncF 89utYwebtetttrltv a a t�ential ourve to the right with a radius of 221,17 fFt a die- tance of 169.38 jj6t; thonoa southwesterly tangent to 6blid last d6atrihed ourve a distance, bf 5 feet; .thenof. southwebtfirlY an a . tangentin.l ourvr, to the right rA radius of 40.72 feet, a dietaro& of 119.26 fyFt; thence southwesterly tanstrit to said lust rlo:- eoribed rurvr: a rlist=e of 107,3 feet, tb6n t wraterlY making an angle, of 44 degrees 42 t6inut6s to the 'right a rllsthTlae of 79,3 feet to the shore of Lake Minnetonka. and there textninatin8; sub- jeot to Border Avenue 'as OVOMd t>y [kffr,�ent rw, 20928861 Also th&t part of vacated Center Avenue aG said- CAn".v Avenue wur derdioated to the wbli4 in the-plet r,f Rearrangement of 07100 Saint► lying southerly of the westerly' extrusion of.;the +a rthrrlY line of Lat C said Rearrwement cf Orrona• Point and northerly of n, line drawn.u6etr rly ;Peryendirular to this what line of said [got 4 from a point are said west line 'distant 182M ihet northerly trfA the saurhWt;gt sooner of said Lot 4; also that Part �:f the awesterly half of vacated Center Avenue lying southerly of said aYx,ve de,- scrit,hrl r nrtioulrxr line; and also thiAt �.xt 4f the wes"Y•ly half of vacated Center Avenua lYi northerly of the westerly ex- tension of the. northerly line of said Lot'4 and lying anutherly of i a line drawn easterly at right angles ;tc the wfs$Wly dine of 8hid vacated Center Avenue, from the point of irtererrtiran of said wrist- erly line with a• lino drawn 10 i+jet easterly • of the following de,- ecribed line: Caromenoin,g rat d point in the centerline of said Nn- i ter Avenue distant 588496 feet northerly frocu the northwhaterly' corner of said trot 540 thence eoutharly along said centerline a dibtrsno* of 5 feet t0 the point of br,ginnirug of th9 lineeing bdecurve- aoribed; thence southwesterly &long a tangential 169.3 to the i right with a radius 'af 221.17 feet a riistanae of 169.35 felt, and said line there ending. , C Also That Part of vacated. Border Avenue as laid out and dedicated ovbr and aoroes pert of Got 9 in said Rearrangemtnt Of OrOnO Avenuai"atd a whioh lies between the westerly line of acid C�; ntOr line drawn drawn aortoae said Border Avenue at right angles to the Bide lines of said Border Avenue from the hint of intersection oft the• centerlifte of maid Border Avenue with a line descrityod as fol- lows; Beginning at n Point in the oonterline of acid Center Avw enue distant 588.95 feet northerlY of the northwest corner of maid L,ot ba thence southerly along the centorline•of paid Center Avenue a distance of 5 feet; thence eoutherlY and southwesterly along a tangential vurve to the right with a radius of 221.17 feet a dia- tancenof 169.38 feet; thence southwesterly tangent to last said curve a distance of 5 feet; thence southwesterly along a tangen- tial curve to the right with a radius of 495.72 feet• a djAtarnCe of 119.25 feet; thence southwesterly tangent to last said Curve a distance of 107.30rfeet; thence aouthweaterlY along a taUential curve to thb left with a radian of 56 feet a distance of 19.7 feet; thence southerly tangent to last aaid curve a distance of 6.8 feet; thence eoutherly along a tangential curve to the left with a radius of 169.7 feet a distance of 53.9 feet; thence aouth erly tangent to last described curve a distance of 20.0 feet; of 781 1 feetetoyon a its intersection withential the ceteiterlineiof daidth a dius BOr� . of 78. der Avenue, and said line there•endin6. 54$3 1 cf3 a U LO � Q 0 N SIO1jU0J e- to -- Tot 53 EXHIBIT B STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed Deputy City Clerk c City of Orono, Minnesota, certifies that I compared the foregoing resolution adol the meeting of the Orono City Council on June 26, 2006, with the original thereo in my office, and the same is a correct transcription thereof. WITNESS m and officially as such Deputy City Clerk and the Corporate seal of the City this v4': 'd ay of ,�� , 2006 ACC Deputy City Clerk