HomeMy WebLinkAboutResolution 3860 �. ,
� O�
O O
� �b. - C ITY of ORONO
� ti
'�' .RESOLUTION OF THE CITY COUNCIL
�L`q.k'E p4`�'G . N O. :3 r� FD � .
� sx
A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 9 (B-3)
FILE #2213
WHEREAS, Jim Zimmerman, (hereinafter "the applicant")� is the owner of the
' property located at 2745 Shadywood Road within the City of Orono (hereinafter "City") and
legally described as follows:
Tracts C and D, RLS No. 500, according to the recorded plat thereof, Hennepin County,
Minnesota (hereinafter "the property"); and
WI�REAS, the applicant has applied to the City of Orono for a conditional use
• pernut to permit the construction of a permanent dock per Municipal Zoning Code Section 10.55,
, Subdivision 9 (B-3).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota: '
FINDINGS
1. This application was reviewed as Zoning File #2213.
2. The properry is located in the LR-1B Lakeshore Residential Zoning District.
� � 3. On March 17, 1997, the Orono Planning Commission reviewed the application and
' recommended approval as proposed, based upon the following findings:
A. The structure will have no adverse effect on the capacity of the floodway
of Lake Minnetonka nor will it increase the flood height.
B. Neither the proposed dock nor its location will have any negative unpact
on the surrounding residential properties.
• Page 1 of 4
I
� O�
O O
� ��b� - CITY of ORONO
� ti
'�' RESOLUTION OF THE CITY COUNCII
� �L`9$,E pStic�'� � NO. 3 � s o " .
� SH
C. The permanent dock is subject to permitting by the Lake Minnetonka
Conservation District and potentially by the Minnesota Department of
Natural Resources. �
D. The sheltered lagoon lo;,;ation will tend to limit the impact of ice movement
on the proposed permanent dock.
E. The existing boathouse to which the�proposed dock will be attached, is a
non-conforming structure subject to the pertinent City ordinances.
4. The City Council fmds that granting a conditional use permit to allow the proposed
. permanent dock 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 properties, 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.
5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by staff and comments of
the applicant and the affect of the proposed use 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 a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3)
to permit the construction of the proposed permanent dock, subject to the following conditions:
1. Applicant shall obtain a building permit from the City of Orono prior to
construction of the dock. �
2. Applicant shall provide evidence that the necessary pernuts from the LMCD and/or
the DNR have been obtained prior to issuance of the City building permit. .
3. Applicant is advised that the boathouse adjacent to the proposed dock is a non-
• Page 2 of 4
.� o�.
0 0
� ��. - CITY of URONO
� �
�� �'�' RESOLUTION OF�THE CITY COUNCIL
� � L�kESH�4� . NO. e� � 6 O ��
conforming structure subject to the pertinent Orono Zoning Code sections.
4. Authorities granted by this resolution run with the property not with the applicant
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 conditional use permit will
expire on that date (March 24, 1998).
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 property.
• � Adopted by the Orono City Council on this 24th day of March, 1997.
AT EST: �
V�l � '
Dorothy M. . a in, City Clerk Gab ;el Jabbour, May r
. �
roperty wner(s)
ST TE OF MINNESOTA )
. . ) ss. .
COUNTY OF HENNEPIN ) � .
The foregoing instrument was acknowledged before me on this 24th day of March,
1997, by Gabriel 7abbour, Mayor & City Clerk of the Ciry of Orono, a Minnesota municipal
corporation and said instrument was executed on behalf of the City. �
o°,t�.,• JAMIE L.GEMAR N- ar Public
' . . . ������)N�tA
S�IMF•
• ���an 3t,200o Page 3 of 4
`1
� O�
� O O
� ��b. - C ITY of ORONO
� �
'�' RESOLUTION OF THE CITY COUNCIL
�L`9.ItE p4�'G � NO. � � � � -' �
� � SH .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this oZ� day of , 199_before me a Notary Public within
and for said county,personally ap.ea ed � '
known to me to be the person(s) descr'� d ' nd who executed e foreg g instrument,and
acknowledged that he (they) executed the same as his (their) free act and deed.
�
YN �AMIE L GEMAR
:' ' NOTARYPIlBLiC-MINNESOTA '
y• F�9VNEPENCOUNTY
,.� My comm�slon F.�ires dan.31.200o N Y PUBLIC
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 HENNEPIN )
� . On this day of , 199_before me a Notary Public withi.n
� �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 �
Page 4 of 4
•