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Home My WebLink About#1907 Recorded Resolution 34096361457 CITY of ORONO RESOLUTION OF THE CITY COUNCIL No o A ft (i, . 0 ~ J ,j A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDMSION 1 (B) AND 2 FILE NO. 1907 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter "the applicants") are 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 WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code 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% hardcover improvements exist and where applicant proposes the repair of existing improvements totaling 525 s.f. in area where excesses exist and where none is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1907. 2. The property is located in the LR-lA Lakeshore Residential Zoning District requiring two acres in area. The property consists of 13.8 acres. 3. The Orono Planning Commission reviewed this application on March 21, 1994 and recommended approval of the variances as proposed based upon the following findings: A. 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 shoreline with 620 lineal feet has stee11 lakeshore banks requirin'g an access structure. T~ANSFER ENTERED HENNEPIN COUNTY TAXPAYER SERVIC,ES Page 1 of 4 NOV 4 1994 BY\~ . . · " EPUTY ~.O M!INN, form5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 /.l ,;c, ,n, No :~-ti!, "·" • , ..tJ.. \l.J C ;/ C. Major portions of the stone step structures cannot be seen from the lakeshore 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 City. 5. 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (B) and 2 to permit the repair of two existing stone access paths located in the lakeshore protected area where excesses of hardcover exist and where no expansions are proposed, subject to the following conditions: 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 groundcover remains in a disturbed state. 3. The boathouse and grotto structure located within the 0-7 5' setback area are considered non-conforming 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 fOJm 5005 DfskO!ono ' . CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 {D f-~ 4. Authorities granted by this resolution 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 (April 11, 1995). 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 and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 11th day of April, 1994. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 11th day of April, 1994 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. - LINDA S. VEE NOTARY PUBLIC • MINNESOTA HENNEPIN COUNTY My commission expire s 8-12-96 Notary Public , Page 3 of 4 form5005 Di sk Orono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 4 {) rt} 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 STATE OF MINNESOTA ) ) ss. COUNTY OF HE~NEPIN ) ;7 .. .. / On this iJ{!!2_ day of LI~ , 199_Y-before me a Notary Pu'lic within and for said county, personally appeared '-:7,1,J, 1-£/J'Z-/1 ,:,, {-r, ~--a AJ-,__,_J. ✓( known to me to be the person(s) described/·. and w 6 xecuted the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L. BOSMA NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Comm. Expires 12-19-97 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) NOTAR On this ~ day of -.1,,,,,.U-•'-1-1-1~__,...=-,11-- and for said county, personally appeared __ ~~d,d~~~.,-:~¢-4~li!Llll!~L----- known to me to be the person(s) described · nd who executed e foregoing instrument,and acknowledged that he (they) executed the same as his (their) fr e act and deed. Page 4 of 4 Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL 3 f.l r··-- No I Lo. •s's . • A C~,) EXHIBIT A Alao: that P-!1rt of Lt;ta · 9 e.nd 10, Rl'.:l,!IJ,"r.!lll,gero~·nt of 0-ronr; Point ~d . 1,hc: A1,!a!.,-ctiui'L,Q tlii:a-c: L,; lYi111!! G.:..·u.tl"ihi:· lY ~,d U0,15T,t,;t' ly /'!,! t.l-.~ foll~\.1 iru: deecribE:d line: ~mmencing at a :r;;,c,int "in the c~nt~rlin~ of Center A'll'::nul'.: 588.95 feet. northerly :from the Nr;rthweet.erly corne-:- ~f wt 5, R~~rr~~ment o! Orono Point; thence eoutherly along e1.i.id c:E:nter lin.-.: a di~tl!!?lCe of 5 fe~t; thenc.~ er;ut.hw~ete::-ly on i!L tangential cut'Ve t~ the ri~ht ~ith a r~diua of 221.17 fl';~t ~ die- tanc::e oi 169. 38 ie1;1t; thE:nr.:e ar.n,.thw~a'tf:trly t~ai,nt tt'J l:l!J.id h.et, d(:!act-ib,::d cu..'"'Vr:: a di~tl:ll'J.Ce r.,f 5 feet: .th~.inc:i<;: erJuthvieet11;t"1y on a. tana~nii~l curv.-.: to the ri~t ~ r~di~ of 445.72 fe~r, a diet~o~ of 119.25 fl';~t; thence eouth~e~terly tJ.aLg~nt to s~id la.et dl';- ecriwd Cll't'VE: a dis·u: .. "'l.ce of 107. 3 feet; th.-:nce ~eo1,~rlY l!lJ.ikin,q; b.n M.alt"; r;f 44 d11.:2r~s 42 tdnutea to thi, ri.iht ~ rlie"t.ht1ce of 79. 3 ftet ~c the shore of we Minneton.kb. 1.1.11.d there ter'?Zlin~tins; eub- j eot t,t; Eox-der Avenue M o~ned by OOl:.'1.ll!lent nr;. 20921386: Alo~ that part of vacat$d Cent.~r Av~nue l1e e~id Cl.tnter Avenue ~1.1..S_ dl!ldic.{l.ted to thf!J wtilic in the plat r/f Rearr~ezr:ent o! 0?'OM ·-.Point~ lying eoutl'l.erlY of tM w,c,,aterly·· ~Xll'Jnoion ot tr,~ no'C'therlY line oi v,t 4.. eaid. ~!irr1.1ngement r.1t O?-ono ?oir,t .end nrJrth~rly of a line dt~~a ~~eterly ~rP".:ndicul~r to tM ~eet line ot e1J.id L:it 4 f-r•om a YJint 0:1 ea.id w,::st 1 ine diotti.nt 182. 29 foElt narth"Jr lY tffJ?11 the eour.h~,::s~ ccrn~r of o~id Lot 4: 1J.loo tn,,.t :part of th~ westerly 1'.L:.lf ot VMatt".:d ~nter Avenu"' lying lWUtherly of. e~id IJ.bovi, rle- ecrib.':d ~r-p.,ndicul1J.r line; end aleo tbl.i.t ~...rt of the weet~rlY w.i.lf of varJ~ted ~nter Av~nue lying north~rly of the ~~e~erly e~- tension of the northerly line of s~id Cl:it ·4 l!.lld lying eouth~~ly 0£ &. line d.r!r.lom e1.1eterly at ri~t lJ!l2les i-r.o tr .. ": WFJElt.~rly ,lin., of e.,g,id vacated ~nter Av$nua from the point of intereection of oaid Whs~- erly line with a line cir~wn 10 f$~t ea,terlY of the following~- acribed line: C¢mm.enoina at a -point in the centerlifie of ti!Lid C¼n- ter Ave~ diet.ant 588.95 feet northerly from the no~thweeterly· corner of e~id tot 5: tminoe eouth.erly alona s~id centerline a <liettinoe of 6 feet to the point of l:).c,ginnina of t.M line ~in£ de- eorib£sd; thence eouthweeterly alone; a tar.gential curve to the riaht ~1th a radius of 221.17 feet a dist.a.."l.Oe of 169.38 f~t. &"td ea.id 11~.i!: th~re endiruz. · form 5005 Disk Orono EXHIBIT A -CONTINUED Alec CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO._'---"--"'-"--<.Jl.--- That part of vacated Border Avenue aa laid out and dedic~ted ove~ and acroea p.art of Lot 9 in ~aid Ree.rrangem~ni of Orono Point ~hich liee bet~een the we~terly line of o~id ~~nter Avenue a.~d ~ line drawn drawn acroae1 oaid Border Avenue· ti.t right o.nslee to the eide linee of eaid Border Avenue from the :i?Oint of intersection o! the cen't.erlintt of ea.id Border Avenue withe. line deecri~d aa :fol- lowe! Be~inni~ at a poin~ in th~ o~n~erline ot &•i~ ~nt-er AY- enue diet.ant 588.90 fee~ northerly of the northwe~~ oorn.,r o! eeid L¢t 5; thence eo<J.t.herly alontl the cent-,rline o:f ~aid ~nter Avel"li.te "-distance of 5 feet; thence aout,h,,rlY and eouthwesterly along ll. ta.-ur:ent:i.al ctll"\le to the right with a. radius of 221.17 feet d die- tance of 16$.38 feet; thence eouthweeterly umgent to l~~t eaid curve a diets.nee ot 5 feet; thenee aouthwe8terly along a taruren- tial curve to the right ~ith a radiue of 445.72 feet a distance of 119.25 feet; thence southweoterlY t~ent to laet eaid e1.1rve a dietance of 107.30 feet; thence ~outhweoterlY along a umsential curve to the left.with~ raditus o! 56 feet a diat&tce of 19.7 feet; thence southerly tansent to la~t eaid curve a ~ietance of e.s feet; thence eoutherly alorut a tansential cUl"Ve to the left i,;ith a r-adiw, of 169.7 feet a distance of o3.9 feet: thence ~\tth- erly tangent to lMt deecribed curve ti. di.,tMce of 20,5 !e~t; thence eoutherly on a tangential curve to the left with a radius ot 78. 1 f~et to it.a intersect. ion with the c~uter lind o:f said Bor- der Avenue, ~nd eaid line-tiler~ ending. Form 5005 Disk Orono 1 ' '1 I', STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) RESOLUTION # 3 4 (1) gJ · I Dorothy M. Hallin, City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the fore-going copy of a res o 1 u ti on ·of the Ci t y Co u n c i 1 of the City of Orono with the original record of such res6lution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on April 11 , 19 94 . , and that the same is a true and correct copy of said resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I 12th , day of ------=.ac:...==-- hereunto se·t my hand and seal this il , 19~9=-;.4 __ allin, City Clerk fJ 6361~57 'i7J S-7h'~Jb/-,X<J 4N □U9410 =37 86361457 SCO $4 .50 4ND'-)941 0 = 37 86361457 DOC $16 . 00 -OFFl:E GF CLSTY RECORDER HE.'i'1Er;s CGLSTY, MitiSESOTA CEF. iii"rrn m ED /,1:1) CR 11wm:rnoN 1994 HOV -4 n11 IQ: 34 ASOCCli\!::~T :/ 6361457 LJ,:;--, /' , v1 -, .,-. ~c-<_. ... ...., CJ. R::COROER Py_ ~ _ .nro11ry P.E C F E:.:= /~ - C:)?Y F e:: /----- J!i4~f(/