HomeMy WebLinkAboutResolution 1521 � ` �
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Clt� o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1521
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� � r GRANTING A VARIANCE TO� MUNICIPAL
ZONING CODE SECTION 34.352 — FILE �698
WHEREAS, Marvin E. Seibold (hereinafter "applicant" ) has made
application to the City of Orono (YLereinafter "City") to permit construction of a
residential dock on a property located at 1699 North Farm Road and legally
described as Lot 5, Block 1, The Farm at Long Lake, hereinafter "property" ; and
WHEREAS, the applicant has applied to the City for a variance to
municipal zoning code section34. 352to permit the construction of a residential
dock on a property that contains 170 feet of shoreline instead of the required 200
feet of shoreline and to seek Council ' s permission to amend a Flowage and
Conservation Easement and Waiver of Damages dated April 17 , 1978 , that forbid the
construction of a residential dock on said property.
NOtio�, THEREFORE BE IT RESOLVED, by the City Council of Orono , Minnesota :
FINDINGS
. 1. This application was reviewed as zoning file no�. 698 .
2. The property is located in the LR-lA Single Family Lakeshore
Residential Zoning District. �
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3. The proposed lakeshore use of the property shall be limited to a 10 °
foot stripof the total 170 feet of shoreline for swimming , boating ,
and other appropriate lake uses; the residential dock shall not
. exceed 6 feet in width or 100 feet in length and shall be for the
exclusive use of the owners and their guests . . �
4 . The Orono Planning Commission reviewed this application on August
16, 1982 and recommended approval of the variance as proposed based
upon the following findings :
a) The prcposed limitations on the use of the lakeshore of this
propertyfinds thisvariance request in keeping with the intent
of the ' environmental standards of the Zoning Code and
Comprehensive Plan. �
b) The proposed level of use on this property is consistent with the '
use of lakeshore on surrounding properties.
5. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports
by City staff , comments by the owner and other interested persons ,
� and the effect of the proposed variances on the health , safety and
welfare of the community.
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� clt� o� oR,oNo
� RESOLUTION OF THE CITY COUNCIL -
NO. 1521
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6. The City Council finds that the conditions existing on �his
' property are peculiar to it and do not apply generally to other
properties iri this zoning district : that granting the variance
would not adversely effect light, air , nor pose a fire hazard or
other danger to neighboring property; would not merely serve as a
convenience to the owner , but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the owner ; and would be in keeping
with the spirit and intent of the zo�ing code and comprehensive plan
of the City.
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon the above findings the Orono City Council hereby grants a
variance to Section 34. 352 to allow construction of a residential dock on the
property legally described above within a 10 feet wide corridor of the total 17�
feet of shoreline subject to the following conditions :
• 1 . The residential dock shall be limited to two slips .
2. The City will file an amended Flowage and Conservation Easeinent and
Waiver of Damages that will deed limited riparian use to Lot 6, Block
l, The Farm at Long Lake , and Council hereby directs the Mayor and
City Clerk to execute the amended easement.
3 . No other variances are granted or permitted for this application.
4. Violation of or noncompliance with any of the terms and conditions
of this variance shall constitute a violation of the zoning code,
shall automatically terminate any authority granted herein, and
shall be punishable as a misdemeanor . •
5. The undersigned owner 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.
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clt� o� oR,oNo
RESOLUTION OF THE CITY COUNCIL �
NO. 1521
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• � • pted by the Orono City Council on this 12th day o£ September , 1983 .
ATTEST: CT.TY OF ORONO
���_.�.:��/�7� _____________
A.l erta M. Strom, City Clerk���~~��`�~ M�y�C. Butler , �Mayor�
+ Thomas Frahm, Acting Mayor
� _
P r o p e r t y�Own e r s) "� -- -- ______�____ ____�____
�J ^
Property wner (s)
Property Owner (s) _ _ .______________________�_�____
STATE OF MINNESOTA )
) ss .
•COUNTY OF HENNEPIN )
On this da of , 1983 , before me a Notary
Pub1,i within �.and �/ ,fo aid County, personally appeared
`'' known to me to be
the person (s) descri e in and who `executed� 'ne~ foregoing instrument , and
ac'Knowledged that he ( they} executed the same s his (their) free act and deed .
/
' � s,v�� _ �f � _. _____ ,
��, DOROTHY M. HALLIN o a r y Pub � c
. NOTAAY Pt18U�C-Mq�tNEgOTA
��. �EN�EP�IN�C�UN�9
6�___.�'-�o__________�_____
My Commission Expires
STATE OF MI�INESOTA ) � .
) ss . ,
COUNTY OF HEDINEPIN 1 '
On this r /� y of , 1983 , be.fore me a
Notar u ic wit,,l�.n an �f_or aid Co ty, personally appeared Y �
` �` ' "� ` known to me to be the person (s)
de cribed in and wno ex �cuted tne foreqoing instr�ument , and acknowledged that he
(they) executed the same as his (their) free a t and deed .
s ,
� _ �''�'� �DTAR�OTHY M. HAlLIA otary Publ " �~_� ~+ ~��Y
�.., HENNEPIN COUN'f'Y _ Q�j�_'' �
---r--����a� My Commiss�n E`xpires'_...._._�_.____._.�_
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� Cit� o� ORONO
• �
. RESOLUTION OF THE CITY COUNCIL
NO. 1521
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S'PATE OF MINNESOTA )
) ss . '
COUNTY OF HENNEPIN ) �
On this day of , 1983 , before a
T.�otary Public within and for said oC unty, personally appeared
known to me to be
. the person (sj described in and who Yexecuted the� foregoing instrument , and
• acknowledged that he (they) executed tile same as ni s ( t'n�i r} fr ee ac t and deed .
Notary Public�~��-•----------.�"`_._...-•----____
� • My Commission�ExpiresY~Y� �� � �� �~~�~�
T'nis document is being recorded for the benefit o� the City oF Orono psr �linnesota
Statutes 386 . 77 . '
State Deed Tax �ue Hereon: Exempt
This instrument was dra.Eted hy:
City o� Orono
p. 0. BOX �7F
Crystal Bay, MN 55323
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