HomeMy WebLinkAboutResolution 1522 ' , _� ..
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C�t� o� ORONO
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� • RESOLUTION OF THE CITY COUNCIL
NO. 1522
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• - • • Granting A Conditional Use Permit Per Municipal
Zoning Code Section 31 .7H0 And A Variance to
• �iunieipal Zoning Code Sections 31.831 - File 76H
� Whereas, William U:lrich is the owner (hereafter "owner") of �
property located at 1535 Bohns Point Road and, legally described as Lot
2, Lydiard' s Park , Lake Minnetonka (hereafter "property") ; and
Whereas, the owner has applied to the City of Orono
(hereafter "City") for a conditional use permit to construct a seawall
along the lagoon shoreline of the property and 20 feet along the west
lagoon shorelineof Lotl , Lydiard' s Park, Lake Minnetonkaas required
by Municipal Zoning Code Section 31 .7�0 and a variance to Municipal
Zoning Code Section 31 .831 which does not permit the construction of
permanent structures within � ' to 75 ' of the lakeshore.
Now, Therefore Be It Resolved by the City Council of Orono ,
Minnesota :
• � Find ings �
1 . This application was reviewed as Zoning File No. 76� .
2. The property is located in the LR-1B Lakeshore Residential
Zoning District.
3. The shoreline along the lagoon of the property has sustained
severe damage caused by muskrats .
4. The Department of Natural Resources has inspected the site
and confirms severe shoreline erosion caused by the infestation
of muskra�s and poor soil types.
5. The seawall has been found to be the best solution to
alleviate the problems at the site .
6. Rip rap is not effective in combating erosion from muskrat
infestation.
7. The City Engineer in his report, dated August 5, 1983 , found
the proposa�l would not have an adverse effect on Lake
Minnetonka . . . . . .and will improve the lake by preventing further
� erosion of the shoreline .
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Clt� o� ORONO
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RESOLUTION OF THE CITY COUNCIL
NO. 1522
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8. The property owner most affected by the installation of the
_ - seawall , Gerald Blohorn, has entered into a license agreement
approving the 20 feet extension of the seawall along the west
shore of the lagoon. •
9 . The City has received no neqative comments from the
surrounding property owners notified during the review of
application �760.
I�J . The visual impact on the lake is slight by the fact that the
� lagoon area is not visible from the main lake.
11 . The Depart�nent of Natural Resourses issued permit 83-6150
approving the installation of the seawall on July 15, 1983.
12. The City Council has considered this application including +
the findings and recommendations of the Planninq Commission,
reports by staff and comments of the applicant and the effect of the
• proposed land alteration on the health, safety and welfare of the
community.
13. The City Council finds that granting a Conditional Use Permit
to install a seawall along the shoreline of the lagoon on the
property 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 properties, nor will it depreciate surrounding
property values and that the land alteration and the manner in
which the excavation is to be carried out to be in keeping with tYie
intent and objectives of the Zoning Code and Comprehensive Plan
of the City.
14. The City Council finds that granting a variance for the
installation of theseawallas proposedisnecessaryto alleviate
a demonstrable hardship, is necessary to preserve a substant�ive
property right of the owner and would be in keepinq with the spirit
and intent of the Zoning 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 Zoninq Ordinance 31 . 831 and grants a Conditional Use
, Permit as required per Zoning Ordinance 31 .7�JDJ to permit the
� installation of a seawall along the shoreline of the lagoon on the
property subject to the following conditions:
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Cit� o� ORONO
RESOWTION OF THE CITY COUNCIL
� NO. 1522
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_ __ 1 . Prior to applicant obtaining a building permit for the
installation of a seawall , applicant or applicant' s contractor
must submit plans signet3 by a licensed engineer registered in the
State of Minnesota .
2. Pathway along the edge of the seawall must be pervious to
� . water and made of a natural material .
3. No other variances are granted or permitted for this
application.
4 . Violation of or noncompliance with any of the terms and
conditionsof thisresolution shallconstituteaviolation of the
Zoninq Code , shallautomaticallyterminateanyauthority 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 , he�"reby agrees to the recording of
this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 12th day of September , 1983 .
ATTEST: CITY OF ORONO
���o��>�i •..��
Alberta M. Strom, City Clerk ary C. utler , Mayor
Thomas Frahm, Acting Mayor
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Property Owner (s)
Property Owner (s)
� Property wners s •
r ,
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Cit� o� ORONO �
RESOWTION OF THE CITY COUNCIL
NO. 1522
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-- STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this , day of , 1983 , before me a Notary
Public wit i d or i�l ounty, personally appeared
� known to me to
be the person (s) described in an w.ho executed the foregoing
instrument, �and �cknowledged that he (they) executed the same as his
(their) free act and deed .
�
" DOROTHY M. HALLIN OTA Y PUBLI
. �" NOTAAY A
+,y HENNEPIN COUNTY -
. �►°°�'""�'.�.`�° � -a�'_ 9D
• MY COMMISSION EXPIRES
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
On this day of � , 1983 , before me a Notary
Public within and for said County, personally appeared
' knowri to me to
be the person (s) described �n and who executed the foregoing
instrument, and acknowleged that he (they) executed the same as his
(their) free act and deed .
• NOTARY PUBLIC
MY COMMISSION EXPIRES
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Clt� o� ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 1522 -
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STATE OF MINNESOTA ) �
) ss .
COUNTY OF HENNEPIN )
On this day of , 1983 , before me a Notary
Public within and or said County, personally appeared
known to be the
person (s) described in and who executed the oregoing instrument, �and
acknowledged that he (they) executed the same as his (their) free act
and deed .
NOTARY PUBLIC
•
MY COMMISSION EXPIRES
This document is being recorded for the benefit of the City of Orono per
Minnesota Statutes 386.77.
State Deed Tax Due Hereon : Exempt �
This instrument was drafted by: .
City of Orono
P.O. Box 66 •
Crystal Bay, MN 55323
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