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Home My WebLink AboutResolution 3685 ,� � ;�. _ �_,� �� O� . O ' � �b� - CITY of ORONO , � :, � '�' RESOLUTION OF THE CITY COUNCIL ��`q$E p��'� NO. �s� � � � � sx A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZO1vING CODE SECTION 10.55, SUBDIVISION 9 (B-3) FILE #Z111 `'VHEREAS, Terrance J. Bieker and Jeanne-Marie Varga, husband and wife, (hereiiiafter "the applicants")are the owners of the property located at 2440 Old Beach Road within the City of Orono (hereinafter "City") and legally described as: Lot 2, Shore Hills, Hennepin County, Minnesota(hereinafter "property"l; and. • W�IEREAS,the applicants have applied to the City of Orono for a conditional use permit to permit the installation of a pennanent dock�er Municipal Zoning Code Section i�J.55, Subdivision 9 (B-�). Nf�`'V, THEfl2FFORE, BE IT RESOLVED by flie City Council of Oronc;, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#2111. 2. The property is located in the LR-1B Lakeshore Residential Loning District requiring 1 acre in area. ;. On February 20, 1996,the Orono Planning Commission reviewed the application as proposed and recommended approval of a conditional use permit based on the follo��ing findings: A) Total dock length will be 24' and will not encroach upon the dredged channel located 30' from the shoreline of the property. • Page 1 of 4 . '`+} .'1` . . . ...r ';... • � .. • \♦ .. .. . + . . � ] . 1 � O� • O o �A� - CITY of ORONO � � F ��L �G'�' RESOLUTION OF THE CITY COUNCI L � �kESH�g' NO. � G � e� B) The dock will meet all required setbacks of the LMCD code (30' froin north ' , side lot line, 93' from south side lot line). C) The City Engineer has approved the amended building plans for the proposed permanent dock. D) The permanent dock designed in a t-shape will require a permit from the Department of Natural Resources (DNR). E) The Minnehaha Creek Watershed District in a letter of February 20, 1996 advised that the proposed construction plan and site plan would not require permit review by the Watershed District. � 4. The City Council finds that granting a conditional use permit to:a11ow the installation ; • ' of a permanent dock at a maximum 24' length will not be deirimental 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 �vill 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 recorrunendations of the Planning Commission,reports by staff a�id comments of the applicants and the affect of the proposed use on the health, safety, and welfare of the � community. � CONCY_,USIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council hcreby gcants a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3) to permit the installation of a perinanent dock at the residential property located at 2440 Old Beach Road, subject to the following conditions: • �. ��.,�.e..��--;. 1. Before the City's building staff caai issue a pernzit for the installation of the .., � permanent dock, the applicants or applicants' contractor shall provide written , � � confirmation that DNR will approve the permanent dock as proposed. : • ; Page 2 of 4 • C' . �.��,► � . � O� • O O �b� � CITY of ORONO ,� � - �� L'�' RESOLUTION OF THE CITY COUNCIL � ��kESHOg'� NO. 3 6 � 5 2. Authorities granted by this resolution run with the property not with the applicants 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 (February 26, 1997). ;. 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. 4. The undersigned applicants have read,understood and hereby agree to the terms of , this resolution and on behalf of themselves, th�ir heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Gouncil on this 26th dav of February, 1996. • A TEST: � � . . Dorothy M llin, City Clerk � Edward J. Cal ian, Jr., Mayor .-- , . � �� Property Owner(s) STATE OF MI�TESOTA ) . ) ss. COUI�TTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of FeUruary, 1996, by Ed��aard J. C�llatian,Jr. and Dorothy M. Hallin,Mayor& City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. . . . .. .. . 4 � V� . _�•. Li1�aGP.S.'vE��s Notary Public ' :''�' `'` �' N07ARY PUBUGty9iNNESOTA • •, Y ;- ; HENN[PI(J COUNTY �-.�••° My Commission Expires Jan.31,2000 Page 3 of 4 � . '� `_, -.:_y � '. . •r� n � O 1 • O O � �b. - - CITY of ORONO � � � �� G'�' RESOLUTION OF THE CITY COUNCIL � L�kESH�� NO. � s � e5 STATE OF MINNESOTA ) � ) ss. COUNTY OF HENNEPIN ) On this. /�-l-ti day of_ (�-(�rC �, , 199� , before me a Notary Public within and for said County,personally appearedT�,,,,,,,�a' g;Pk��a.,jea,1�� ar�e ��a�,�i,� � c�i,�'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. ;•,...:,.�, CAROLE A.HASEMAN ��( v•��-'� � NOTARY PUBLIC-MINNESOTA Not�:ry P`ubiic ' =�- •' ' HENNEPIN COUNTY �~��••°� My Commission Expires Jan.31,2�00 �'c�:"�""�-:� ..,_.c.e,r�ri a.<:.�:.�".t=c STATE OF MIIVNESOTA ) . ) ss. • COUNTY OF HENNEPIN ) On this day of , 199 , before m.e a Notary Pizbl�ic within and for sai�County,p?rsonally appeared __ _ known to m�e to �e the pwrson(s) described in and who executed the foregoin? :nstrument, an.d acknowledged that he (they) executed the same as his (their) free act and deed. Notary Public • Page 4 of 4