HomeMy WebLinkAbout#2017 Recorded Resolution 36176536432
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '3 6 .l 7
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19
AND AV ARIAN CE TO SECTIONS 10.55, SUBDIVISION 8,
AND SECTION 10.56, SlJBDIVISION 16 (,J)
FILE NO. 2071
\VHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are
owners of the property located at 1400 Bracketts Road within the City of Orono (hereinafter "City")
and legally described as follows:
Exhibit A, attached (hereinafter the "property"); and
,vHEREAS, 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 10.56,
Subdivision 16 (J) to allow excavation and filling within 75' of the lakeshore where no such work
is normally allowed, and a conditional use pennit per Section 10.03, Subdivision 19 for said grading
and filling.
'• ~"" ,, NOW, THEREFORE, BE IT RESOLVED by the Ci1y Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2071.
2. The property is located in the LR-1 A 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 pem1it,
based upon the foliowing findings:
TRANSFER ENTERED
HENNEPIN COUNTY TAXPAYER SERVICES
DEC 5 1995
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Page 1 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '3 6 n 'l
a. The proposed excavation and filling is to allow for the waterproofing of an
existing tunnel leading from near Bracketts Point Road to the basement of the
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 vvith 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 pe1mit as required by Zoning Code Section 10.22, Subdivision
3 and Section 10.56, Subdivision 16 (I). 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 the 3 6 11 elm by planting two
4½" diameter maples 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 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 variance and conditional use permit would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to neighboring properties, 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.
Page 2 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. r3 A J 7
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants 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' lak~shore 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 0-75' zone by replacing
with three 4½" 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.
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
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 and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
Page 3 of 7
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. :3 6] (
Adopted by the Orono City Council on this 9th day of October, 1995.
I
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.
LINDA S. VEE
NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
My Commission Expires Jan . 31, 2000
Notary Public
Page 4 of 7
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 3 8 B 7,
On tJ.,J s \ ((;~ day of ____[)_ C :to bet: , 199 S" , before me a Notary Public
within and for said County, personally appeared ~-00() n n '° Jo, ""es I<. 1.,,J ~
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.
~M--fi).~c~
N Public
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
Onthis _____ dayof __________ , 199 , beforerneaNotaryPublic
within and for said County, personally appeared _________________ _
known to me to b e 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 7
EXHIBIT A
LEGAL DESCRIPTION OF PREMISES SURVEYED
Lots 5 and 6, Rearrangement of Orono Point;
RESOLUTION
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 tange:nt 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
·:,: ~,.,.th'.'.'[',:'~J?~,.; ::•,11~" ,,, to :,:::,.1 hst dP.sr.ribed :;,:rve :~ distance of 107. 3 feet; thence westerly
making an angle of 44 degrees 42 minutes tu 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 A venue as said Center A venue 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 A venue lying southerly of said above described perpendicular line; and also
i.hat part of the wested';.' half of vacated Center Avenue lying northerly of the westerly extension
of the northerly line J1 said Lot 4 and lying southerly of a line drawn easterly at right angles to
the westerly line of ~aid 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
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. 3 8 feet, and said line there ending.
RESOLUTION
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 corner 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 rnct~.of 5·~ fr~! a d~c-t?nce ,,f 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.
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STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
RESOLUTION # .l
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 9, , l~_.2_, 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 16th -------day of ___ o_c_t_o_b_e_r __________ ~• 19_9_5_
(SEAL)
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DOC $16 .00
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