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Home My WebLink About#1867 Recorded Resolution 33426361458 CITY of ORONO RESOLUTION OF THE CITY COUNCIL· (;'; (0 NO._,:_, ___ .·_, __ _ A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 1 (B) AND 2 FILE #1867 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 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 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 s. f. of hardcover where 721 s. f. or . 55 % exists and where total hardcover is now proposed at 966.5 s.f. or .74% where no such hardcover is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS· 1. This application ,vas reviewed as Zoning File #1867. 2. The property is located in the LR-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 20, 1993, and recommended approval of the variances as proposed based upon the following findings: TRANSFER HENNEPIN COUNTY TAXPAYER SERVICES Page 1 of 5 NOV 4 1994 C. -DEPUTY ev~NTYMINN Form SOOS OiskOrono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO._~-~--- A. 131.5 s.f. of new hardcover results from 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 for recreation or ente1tainment but wili 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 east shoreline with 620 lineal feet has steep lakeshore banks requiring an access stairs. 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 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. 5. 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 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 above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22; Subdivisions 1 (B) and 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 Focm5005 OiskOrono CITY of ORONO RESOLUTION OF THE CITY COUNCIL 0 (1) NO. o t:>.5 1. Applicants or applicants' representatives shall obtain permit from the LMCD for installing a new dock at the shoreline. Such dock must meet not only required setbacks from the side lot line from land but must also meet the required setback from extended lot lines into lake. 2. The proposed light fixture shall be subject to the standards set forth in Section 10.60, Subdivision 8 whereby lights must be shielded downward. and that light beams cannot be detected at the lot line. Light beams must be directed away from residential. properties. 3. Applicants are hereby placed on notice that all existing structures in the 0-75' setback area are considered nonconforming and subject to all pertinent sections of the nonconforming sections of the code. Any structural repairs to these structures must be approved by the City. 4. 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 11, 1994). 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. Page 3 of 5 Fonn 5005 Disk Orono STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3 ~ I/. r,'.! The foregoing instrument was acknowledged before me on this 11th day of October, 1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & 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 PUBLI C -MI NNESOTA HENNEP IN COUNTY My commiss ion expires 0-1 2-96 Page 4 of 5 r01m500 5 Disk Orono STATE OF MINNESOTA ) ) ss . . COUNTY OF HENNEPIN) CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ~·» '.:; On this / J1/1 ) day of , 199 L befor~ me a No~ary Public within and for said county, personall appeared 71.1. l'-L .. 4i11 ~t.,rL?l£. ,t&!,l'l/2.-1.J2_.ll -----------known to me to be the p on(s) des r· ed in and who executed 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) On this 5~ day of Oe:: ----='---__s_;:::::.__-::::.;,,----,C-- P u b li c within and for said county, personally appeared _~~~~~2-~~ -----------known to me to be the pe on(s) described in cl who executed the foregoing instrument, and acknowledged that he ( y) executed the same as his (their) free act and deed. JEAN O. SCANLON 1 NOTARY ,UBUC MINNES01A • MY COMMISSION EXPIRES JANUARY 31, 2000 Page 5 of 5 fonn 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. ______ _ Exhibit A LEGAL DESCRIPrIOH OE...EREHISES SURVEY!Hi; r Also: th,JJ.t ~t of L-Jte 9 Md 10, R0arl:'(l.!J.gett1i".mt of Or-onr; Point F.:t.nd . 1..lu~ c.u,:.i:•,1:,t:i.v,'u::i tl1i:,nd,1J lYi'ui 8.:i•u.tl"i6\:·lY wvJ. ~6.et.,Jr ly ,-:.£ tr,l'a foll.-,,_, iM deeoribed line: C(Jminencing at a pr;int 'in th~ centerlin~ of Center Avenu1:: 588.95 fe~t no't'thc,rlY from the Nr.rM-hwcietf,rlY or.rr:-neti of lf;t 5, R~~rrl!ll'i,gl'.:rol'.:nt of Orono P,;int; thence e~utherly ~lo~ e1:1id <:er1t1":r line a rlietanoei of 5 hfdt; thence sr,uthweriterly on b. tangent i~l rJuNe V; th!'.: r-istht with 1.1. rti.diua r)f 221. 17 f11.:et ~ d1e- unof'.i r.1£ 169. 38 hi:,t i thenrJe arJuthw~at'1r ly tl!!.nii'3tlt trJ e.1.1.id l~t, d~si::ribl':d r;urve 1J. dietb.l'lC:t: r;f 5 feet; th1.1nc:iC;l arJuthwefJtl"JrlY on ~. t.mgent, i1.i.l curovf'J tt'J tihe 'tight '1 l'll.rliw, of 4.4.~. 7'.i:. fet<:t, i!I. <liat.11Ar.Je of 119.25 !~et; thence eouthweet~rly t/.il'l,ger,t to s~icl lei.et d~- ecr'l.be<l r;,l't'VF.: 1.1. d'l.etancl!: of 107. 3 feet; th,•.mrJe w11.:et.~r-lY m.J.tk.ing ~ ~le r;f 44 d1".11n·~s 42 tAinut~a to th.1:.1 ri~ht ,.,, rUethr,oe of 79. 3 feet tc th~ shore of Lbke Minnetonkb. ,amd there tet-min~ting; aub- j eo~ ·tr; BoX'der Avenue ~ owned. by lx.>f.Nlllf.mt w·;. 2092886; Aleo thl!.t part of v;,,.o£lt$d Clintl!:r AvtJnue a.e e~id Center Aw.mu~ Wl.iS di1.1d101tl!:d to thf!I wblic in the plat rJt Rl'.:~:rrl.ll'!Serttent of Ot•r;rir., Point i lYina eoutherlY l';f the w1.1oterly .. 6X'tii".lnsfon (1f thtl.l northerly line of Lr;t 4.. se.iel RF.l&.rrangement ¢f Orono Pf;ir,t F.ll'l.rl nr;r-thiitrly of ~-liti.~ rJr-~.wo. w~eMrly ~rJ>l".mdicul,;.r to tM weet line (Jf eF.i.irl lt;t, 4 ·fr•r.rm l'J. v;int r;r, Mid ~est lir1e diet~t 182. 29 foet rwrther lY t'ttJ!Jl the eour,hwl:!et t..:t/l"M'I'.' r;f ei1.1.itl Lot 4: ~lar; tM.t P'i't't of t,hf:t weett:rly hh-lf of vac~tetl C.-.:nt~r Avenu~ lying eiouthe~ly of e~id 1.1.bov~ de- ecr•itN!:d :Mt1,1.1r1di<;Ul1.1.r Hnr;i; and alM th.,"1t r>~t c;f the w:.:et,it;it· lY h!.i.lf r.,f V'-1.rJF.>.tt'Jd Centt';'C' AVl'Jnue lying northet'l',1 of tht; \.7(;)6tedy ex- UMion ryf thr.: no-rthe:'t'ly line of aaid Lf;t '4 6Xld lying M\l.thf.l'tly of ~ line rJx,~wn e1.1.etl!:-rly at riaht an.ales ~o tM w~~t~rly ,lin~ of Mid vacat~d Co'!:nt~r Av~nua f'C"Cm the point of inte-re~otion ¢f Baid Wbst- e,rly liM with a linl!: dre.wri 10 fi1;1~t ei!l.sterly of the following d,:- ecri~d line: dommencina: at a wint in th~ oent~rline of Baid ~n- ter Avt:srw.e distant 588.95. feet northen:·ly from the nott1'1W1Jeterly · comer of e~id Lot 5; thence eoutherly alon.£ s~itl centerline a disth.nce of 5 feet to the point of ~ginniM r;t the line ~ing de- eori~d; thenc-e eouthw&ate~ly alona: b. tangenti~l curve to the tight with a radiue ~f 221.17 feeti ~ distance of 169.38 fe-e=t, ~d said line th~r~ ~ntlina. · " ... Form 5005 Disk Orono CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO.~-~---- .......... Aleo Th~t pa.~t of vacated Border Avenue aa laid out and dedicated over and Ac:roes part of Lot 9 in eaid Ree.rra.ngeml:!m of Or-ono Point which liee between the weeterly line of e~id C~nte~ Avenue and~ line drawn drawn aoroee eaid Border Avenue ~t r,ight e.nslee to the side linee of said Border A~enue from the w1nt of intereeotion of th.i, c::ent.erli.ne of edd Border Avenue with ~ line deeoribed ae fol--[ lows: Beainnirut at a ~int in th~ oonterline ot D•id Cont-e~ Av~ enue diet.ant 588.9~ feet north$rly of the nQ~thweet ool"Mr of ~aid l..¢t 5; thence eoutherly alorui the oonwrline of eaid ~nter Aveni.\e _,. distM.ce of 5 feet; thence eout,h,,rlY and eouthwester-ly alons ti taneentie.l curve to the r-ight with e. radius of 221. 17 feet a die- tance of 169.38 feet! thence eo~thwesterlY tangent to l6et eaid curve a diets.nee of 5 feet; the~ee aouthwe8terly along a taruten- tial curve to the right ~ith a radiue of 445.72 feet a di&t8.l'lce of 119.25 feet; thence southweeterlY t~ent to laet ea1d ourve a dietanoe of 107.3Q feet; thene~ eouthweeterlY ~long a t.ansential CW'Ve to the left with a radi\18 of ~6 feet a distance of 19.7 feet; thence southerly tansent to l6et eaid curve a ct1etance of e.e feet; thence eoutherly along a tangential curve to the left with a radiUtl of 189. 7 feet ~ d1ste.noe of 53.9 feet; th~nce e¢\lth- erly taruient to laat deeoribed curv~ ~ diatance of 20.5 feet: thence 5oUtherly on a tangential o\lr-ve to the left with a radius of 78.1 ft':!et to its intereeotion with the c~mterline of said Bor ... di":r Avenue, and sdd liM therfj endiY41. FOfm 5005 Disk Orono II STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN )· ) CITY OF ORONO ) RESOLUTION# I Dorothy M. Hallin; City ·Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the for e·g o in g copy of a res o 1 u ti on of the City Co u n c i 1 of the City of Orono with the original record of such resrilution in the Minutes of the proceedings of said City Council at ·a meeting of said City Council held on October 11 , 1993 and that the same is a true and correct copy of sai~ resolution was duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto se·t my hand and seal this 14th , day of October , 19_9_3 __ allin, City Clerk w 57/y -//?hX<g } tjJ) 6361458 ,I 4t·l □U9410 : 37 E:6361458 SCD $4 . 50 4NOU9410 =37 86361458 DOC $16 .00 OF~ICE CF C c1;•, iY RECGRDER tf',',cf,N CCt:NTY, MJ.'itSOTA CE:::;flI1 F!lEO M:O OR F.E CL.~:.E:J ~! 1994 HO'r' -4 ml 10: 35 t.SS~:-i:•,~~ , 6361 "~8 •· .. vo..., ~~ ... ., cc. 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