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Home My WebLink AboutResolution 4038 -� f ' .� .l: 1_ .� ]. . I O� , • • O O ��b. - CITY of ORONO � � ' ti '�' RESOLUTION OF THE CITY COUNCIL �L�kESIIOg'�� . NO. �_ . . —�-�–�. . A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTIONS 10.55, SUBDIVISION 8 AND 10.22, SUBDIVISION 2 AND GRANTING A CONDITIONAL USE PERMIT PER SECTION 10.55, SUBDIVISIONS 9 AND 10 AND SECTION 10.56 SUBDIVISION 16J � FILE NO. 2342 WI�REAS, Mark Casey (hereinafter the "applicant") is co-owner of the property located at 255 Landmark Drive within the City of Orono (hereinafter "City") and legally described as follows: Outlot A, Bayside Landing, Hennepin County, Minnesota (hereinafter the • � "property"); and WH�REAS, the applicant has made application for a conditional use pemut per Sections 10.55, Subdivisions 9 and 10 and 10.56 Subdivision 16J, and a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 8 to permit the excavation of approximately 2.2 cubic yards of material and placement of a sand beach within the 0-75' lakeshore setback zone where no such land alterations are normally permitted. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: � FINDINGS 1. This application was reviewed as Zoning File #2342. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on February 17, 1998 and recommended approval of the variance and conditional use pernut as proposed based on the following unique fmdings and hardships: � a. The proposed excavation of 2.2 cubic yards of material from an area 20 feet long and extending 7.5 feet back from the 929.4 OHWL contour, and Page 1 of 5 � . � ' � O� • O O �b. - CITY of ORONO � ' ti '�' RESOLUTION OF THE CITY COUNCIL ��`9.IfE H.p��'� NO. � � � � . . . S . . replacement with sand to create a beach area, is minor in magnitude and will have no negative environmental or visual impacts. b. The proposed land alteration is of such a mi.nor scale so as to not be in conflict with the Orono Comprehensive Plan policies against alteration of the natural shorelines of lakes. � c. The applicant has obtained the required pernuts from the Minnehaha Creek � Watershed District and DNR for the placement of a sand blanket and rip- . :�� : rapping of the shoreline occurring in conjunction with this project. � d. The property is owned jointly by the applicant and the Harrens, who have provided written confirmation that �they approve of the project. � • 4. The Council finds that the conditions e�sting 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 tra.ff'ic 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. 5. The City Council finds that granting a conditional use permit to allow the excavation of 2.2 cubic yards of material and placement of a sand beach within the 0-75' zone as proposed 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 property, 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. � Page 2 of 5 i _ 7 O� • O O ��b. � C ITY of ORONO � � ti '� RESOLUTION OF THE CITY COUNCIL � ��kESH�� NO. . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby g�ants a conditional use permit per Sections 10.55, Subdivisions 9 and 10 and 10.56 Subdivision 16J, and a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 8 to pemut the excavation of approxunately 2.2 cubic yards of material and placement of a sand beach within the 0-75' lakeshore setback zone where no such land alterations are normally permitted. Approval is subject to the following conditions:� . 1. Excavation spoils shall be removed from the site. - 2. Applicant shall obtain a land alteration permit prior to commencing the excavation for the beach area. � 3. Applicant and his contractor shall adhere to any erosion control measures deemed necessary by the Ciry inspector. 4. No weed control fabric or plastic may be placed below the sand, because such liner materials would be considered as hardcover. 5. 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 land alteration � permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (February 23, 1999). 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 applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the properry. � Page 3 of 5 . . , . � O� • O O �e. - - CITY of ORONU � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � ��kESH�4� . � � NO. —�-�-�� Adopted by the Orono City Council on this 23rd day of February,'1998. ATTEST: _ (/�_ . � . L' da S. Vee, City Clerk � Gabrie Jabbour, Mayor � ol. Prop y Owner(s) � � � . , STATE OF MINNESOTA ) .. ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 23rd day of February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the Ciry of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. e4'�-,.(�c.,C'•,,a�-�'"`� � <��°•. CAROLE A NASEMAN � :��,�� NOTARY PUBUC-MINNESOTA NOt PUUIIC �"�•s•lt:§,. HENNEPINCOUNTY � ��; ��`"° Ny Cnmmission Expires Jan.31,2000 �,,..-•.�.'%'n;N^^.''c.:,c�""'"'�`.c..=:r"�:c.��'"Y.�<..�''.�.�`?� ■ • D RGER' NOT C-•MINN EPiN COUNTY � MY Car�►1.Ewpkk�Jui.3.VV n�v. • Page 4 of 5 � � �� • � 0 ��b. - CITY of ORONO - � � � �� ,'� RESOLUTION OF THE CITY COUNCIL . �9kESH�4� � . NO. �. �!� � � � � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � � day of � , 199 � , before me a Notary Public within and for said County, personally appeared �� . �A'-�°-;; �yz��P-� known to me to be the person(s) described in and who executed the foregomg instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , ,�� JAMlEL.GEMAR.. ,Qii�c.� f� NOTRRYPl1BLiCrMINNESOTA ;,- �,. H�INEPIN COUNT�' Not Public �,�•• My Commission Expires Jan.31,2000 � �, • STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this a I�` day of J'�� , 199 � , before me a Notary Public within and for said County, personally appeared � �e a �j known to me to be the person(s) described in and who executed the foregoing i trument, and acknowledged that he (they) executed the same as his (their) free act and deed. � �. 8. � Notary Public . . �� DALE B.E4USSENBERGER� . . . NOTARY PUBLlC-•MINNESOTA S � HENNEPIN COUNTY � o rM Cort�n.E�hse�,l�n.s�t'w�vv. � - Page 5 of 5 _ • J �� + O� � � • O O ��b. � CITY of ORONO . � ' ti . '�' RESOLUTION OF THE ITY COUNCIL � ��`9$E pStic�'G " � NO. 4 0 3 � � � SH STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this a��day of , 199� before me a Notary Public within and for said counry, personally app •ed .cc..�+� ✓ �a.s�.�✓ known to me to be the person(s) described in and who executed the fore oing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. . PHYLIIS A.VRBA ' . � ��py pUBUC-htINNESUTA 1b�Car�'�'�J'n 3 � � � � NOTAR UBLIC 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 instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC STATE OF MINNESOTA ) , ) ss. COUNTY OF HENNEPIl� ) � � 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) e:tecuted the same as his (their) free act and deed. NOTARY PUBLIC � Page 6 of 6