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Home My WebLink About#2159 Recorded Resolution 3786CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 8 6 A RESOLUTION GRANTING VARIANCES TO l\!IUNICIP AL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 AND 2, 10.55, SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L) FILE NO. 2159 WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the O\vTiers of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the City") and legally described as follows: (Exhibit A attached); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56, Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no hardcover or structure is normally allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This a.p~plicatic:n ·\vas re,/ie\ved as Zo!ling File #2159. 2. The property is located in the LR-IA 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: Page 1 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 8 6 A. The property is unique for a number of reasons, including its age, its history and the fact that applicants have been diligently restoring the property to its former splendor. B. The proposed work involves restoration of amenities or structures which already exist, and does not propose any new buildings or amenities. C. The 650' length of the eastern shoreline justifies the existence of as many as four lakeshore stairways to provide access to the lake from the higher portions of the property which 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. 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore stairway Page 2 of 5 CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 8 7 8 6 system, retaining wall and underground grotto, subject to the following conditions: 1. The restoration work shall not exceed that contemplated or proposed in the submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed the pre-existing level of 0.7% as indicated on the site restoration plan attached 2s Ex.1-iibit B. A.pplieant is advised that any future proposal to add hardcover in the 0-75' lakeshore setback zone might be approved only in conjunction with the concurrent removal of existing hardcover, resulting in no net increase in hardcover in the 0-75' zone. 2. Structural restoration of the existing boathouse is specifically not a part of this approval, and structural repairs to that building shall be reviewed by the Inspections Department and if determined to require variances, shall be brought forth to the Planning Commission and City Council as a separate application. 3. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO . 3? 8 6 of Orono, Minnesota at a regular 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 . LINDAS. VEE NOTARY PUBLIC-MINNESOTA HEN NEPI N COU NTY My Commission Expires Jan. 31, 20 00 ~w~~~:e:2,~~~P'2;~~z~ Notary Public Page 4 of 5 ~· . ,. .... . . . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 7 8 6 On this JI ef day of !Y/. arcli , 199_1__, before me a Notary Public within and for said County, persorially appeared /V1q r~ :[o a_n n :rurd-1-I w ,·{e of S atnP.5 Ju.rd+- known to me to be the person(s) described in and w~ o executed the fotegoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ~:tp_J J _ t/_R_IL- Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNI'PIN ) ~~a ~~~-~~----~--& within and for said County, personally appeared ~===a~~~~~~~¢~~~~:__ known to me to be the person(s) described in and w executed the for ing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. N~p.hc~ Page 5 of 5 EXHIBIT A LEGAL DESCRIPTION OF PREMISES SURVEYED Lots 5 and 6, Rearrangement of Orono Point; RESOLUTION -,7811 ~ _L-:, __ _ 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 comer 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 tange•1t 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 so1;thwe·sr£r!y iangie.nt to s;;iid 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. 2092886; Also that part of vacated Center Avenue as said Center Avenue was dedicated to the public in the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the northerly line of Lot 4, said Rearrangement of Orono Point and northerly of a line drawn westerly perpendicular to the west line of said Lot 4 from a point on said west line distant 182.29 feet northerly from the southwest comer of said Lot 4; also that part of the westerly half of vacated Ce11ter Avenue lying southerly of said above described perpendicular line; and also L!·wt part of th.:: westt>/'' half of vacated Center Avenue lying northerly of the westerly extension of the northtrly line Jt said Lot 4 and lying southerly of a line drawn easterly at right angles to the westerly line of _2.id vacated Center A venue from the point of intersection of said westerly line with a line drawn 10 feet easterly of the following described line: Commencing at a point in the centerline of said Center Avenue distance 588.95 feet northerly from the northwesterly comer of said Lot 5; thence southerly along said centerline a distance of 5 feet to the point of beginning of the line being described; thence southwesterly along a tangential curve to the right with a radius of 221.17 feet a distance of 169. 3 8 feet, and said line there ending. RESOLUTION 3 7B l, Also That part of vacated Border A venue 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 A venue and a line drawn across said Border A venue at right angles to the side line of said Border A venue from the point of intersection of the centerline of said Border A venue 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 A venue 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 · 1,-vith a rs.db~, of 56 feet a di.5tarn:e cf 19.7 feet; th~nce 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. :~))_ \·•)' ) J 0 '~') 0 '-., o O ', . ' 0 0 \ ' ' ' ' ' ' ' ' ' ' ' ' ' ' ... .... _ -- ' ' \ ____ .,,.. , , I I I I I I / I I I I SERVICE COURT 1 ..,. '1"'"-..UA. O· ,~_,~'t:5) -J•~"~'C...:21) I I I I I '\ ' '\ ----..... f~• o-"~-'f.S)--, Tl'-...J.:> ... -,;.._"'10-,..' (j} \ \ \ ......... \ \ \ \ \ ..... ... ' '\ -; ~ 1,. -!J ' ' ' \ \ ' '\ ' ' ........... (Ul1J ~ ...... -., ,. ' , ' \ \ "i"),,,C.,,r,>-..-~ .• I ' ,., ' ........... '~ .................. ~ .... _ --------- .....:• __ ...,.;.;:,.,-~..,..':'T"-,/!t>-'U.6"1) ............ . --------- ............ o>--....t.1-(,) ~ i"· ,~ .. ~~°"' C:.• (s ' . ... / .......,,.... o . ......,......,...t,i:;,''l ----------,,_•~ ------· ct '-ntl \ \ \ " .... ' ' , . ..,.!: ' ' ' · \-isE::. , \ \ I \ ·/ I I I I I I I I I \ 1:· \\ .. \ \\ JL. c.--z--f . .----~ lJ 0 I I I I I I I I I I I I I I I ;---, Jundt Residence 1400 Bracketts Point Road Orono, MN 55391 /3)</.I . t3. 2 f-.e;O /,. IJO, ~r9~ I I I Restoration of Existing Boath use & Grotto. June 1996 GROTTO--,, EXISTING FLOOR DRAIN Q ·.::· ., . .:. :.··:::: .. : ... · ·--~- D LEVEL AND RESET EXISTING STAIR SLABS INCLUDE STAIR REPAIR AT STAIRS NORTH OF SITE --------- ----------- 0 /RE~~;:--:~NG --\. ___ -. .. - ····-· ......... :·•··· STONE RETAINING WALL ·: ... ··· .,/· §~~1'-E Ep~~i¼ A3JVE ~~~-; ~ ---'---"l.- 1 1 I~ I I~ I . ,,,__!~· I IVJb~~~~t~~,i:;, §i q U-' (!) Z' ~Nr:1W~ x lw ,1 ~~---~ REPLACE EXIST,NG METAL HANDRAIL W/ NEW PTD. DECORATIVE CAST ALUMINUM HANDRAIL 0 ... ~ .· ~ -~ e-4 en ... __ ... --~ " ~F~"<! STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) 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 City Council held on October 28 , 1996 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. 30th day of In Witness Whereof, I have hereunto set my hand and seal this -------October , 19 96 . (SEAL) (301 :;,q( /1/0( J!;B 6'728735 :-• e - :·;;. ! :-..,. '.I • --•, ~--,.,:- ~-.•~· :-"" :? ~.:: : ,7,~--:,-,..,. • -.. 1 ~ ::~ !, ~ • .. ,, l I~ ~~' \\,',,.", •·1 ,) -' ' -r-1 ,i ,. ._.., ... · .. "· ,, "~ _"\ ., C; jv -f ..J II r \I -J +,• r 7 •, I .., , .. ,. ,· · .6728735 '.::' • • ·1 V • ' ' P EC FEE C OPY FEE /~- / __,