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HomeMy WebLinkAboutResolution 3539 " 7.4i1/4, 0 70 4l*Cio 619°39 CITY of ORONO RESOLUTION OF THE CITY COUNCIL `j� Y ti NO. 3 539 ,4ikESSci4 A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 19 AND VARIANCES TO SECTION 10.22, SUBDIV SIONS 1(A) A-'�M) 2; SECTION 10.03, SUBDIVISION (1(C-2) 4�N_D SECTION 10.03, SUBDIVISION 9(E) FILE NO. 1992 WHEREAS, James R. Jundt and M. Joann Jundt (hereinafter the "applicants") are owners of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Refer to Exhibit "A" attached hereto (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit to allow the reconstruction of a retaining wall and a variance to Section 10.22, Section 1(A) as retaining walls are located within the 0-75' setback area at approximately 45' from the shoreline where no such structures are allowed; a variance to Section 10.03, Subdivision 9(C-2) as major structural repairs are proposed to a greenhouse addition of an oversized structure at 5,478 s.f. where only a 3,000 s.f. accessory structure is allowed; a variance to Se=ction 10.03, Subdivision 9(E) as structural repairs are proposed to a three stall garage in excess of 750 s.f. that is located 0' from a side lot line where the code would require a 15' side yard setback and a variance to Section 10.22, Subdivision 2 for a hardcover variance in the 0-75' setback area resulting in a 0.10% increase in hardcover where 0.80% exists and 0.90% is proposed and where none is allowed. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FLNDINGS 1. This application was reviewed as Zoning File #1992. 2. The'property is located in the LR-1A Lakeshore Residential Zoning District requiring two acres in area. The property consists of 13.8 acres. ... TRANSFER ENTERED HENNEPtN COUNTY TAXPAYER SERVICRS Page 1 of 7 APR 21 1995 cQU INN. BY''' UTY Form 5005 Disk Orono • di‘ 0 N. O O CITY of ORONO '' _ pi ,%,:*'' : RESOLUTION OF THE CITY COUNCIL �9ki O'S‘47 3. The Orono Planning Commission reviewed this application on March 22, 1995 and recommended approval of the conditional use permit and variances as amended based on the following unique findings and hardships: a. The property consists of 13.8 acres. b. The structures on the property were constructed prior to development of standards for residential construction on lakeshore properties. c. On-site septic testing has been completed for the property and testing has confirmed there is adequate area and suitable soils for development of on- site septic systems to serve the principal structure and the caretaker residence within the oversized accessory structure. d. Structural repairs to the nonconforming accessory structures do not involve the complete restoration but merely partial structural or cosmetic repair. e. The retaining walls at the underground entrance to the greenhouse provide the necessary support and stability to the only exterior entrance to the lower level of the greenhouse. f. The paved walkway located within the 0-75' setback at the east shoreline has been installed at 4' meeting the required width of accessory access tt 0-75' setback area lots with slope. within the �..- i;C, for _ steep t . g. The paved walkway will minimize erosion of grassed lawn resulting from the more intense use of the lake access stairs providing the only bathing and boating access to lake for this property. 4. The City Council finds that granting a conditional use permit to allow the restoration of the retaining wall within the lakeshore protected area 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. Page 2 of 7 Form 5005 Disk Orono 4ik, 04,. O , O CITY of ORONO RESOLUTION OF THE CITY COUNCIL � 1`_ ; -4.y 111 • IApa tr r �� ,a�� NO. 3 5 $9 --Ai zsvi 5. The City Council finds that the conditions existing 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 traffic 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 applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit and a variance to Section 10.22, Subdivision 1(A) to permit the restoration of retaining walls located 45' from the shoreline of the property and grants variances to Section 10.03, Subdivision 9(C-2) and 10.03, Subdivision 9(E) to permit structural repairs to two nonconforming accessory structures and per Section 10.22, Subdivision 2 approves a 0.10 increase in hardcover within the 0-75' setback area where 0.80% exists and 0.90% is proposed, subject to the following conditions: 1. Applicants' contractor to complete the removal of 250 s.f. of driveway pavement located within the 0-75' lakeshore protected area prior to City's issuance of a building permit for restoration of structures. Applicants or applicants' agents shall be responsible for maintaining erosion control within disturbed area until oundcover is restored no later than June 1, 1995. 2. The City is in receipt of a letter (dated March 7, 1995) from Thomas Crosby, Jr., applicants' attorney, confirming that applicants will install a conforming on-site septic system during the 1995 construction period failing to obtain the necessary approvals from both the City of Orono and the Metropolitan Council to extend sewer to the property. 3. 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 variance will expire on that date (March 13, 1996). Page 3 of 7 Form 5005 Disk Orono 0 O O CITY of ORONO v RESOLUTION OF THE CITY COUNCIL NO. 3 539 t4,4 ''41 ��, 4Gat! _ 9kES!I04 4. 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. 5. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their 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 Council on this 13th day of March, 1995. A , is i d { yn r 8C;K / / a ` mQrpthy, ` . 1;n., City Clerk Edward J. Ca/han, Jr. May, 9_11,11/7 P p #t ner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of March, 1995, by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City' of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .'•���� �" , No D' Public .• JAMIE L IOWA '114 IIMMIN Page4of7 Form 5005 Disk Orono 0 °.40 CITY of ORONO r� �_ RESOLUTION OF THE CITY COUNCIL 9kE8HA STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this a g 4-41 day of"i .4).1-6/j , 199 , before me a Notary Public within and for said County,personally appeared 41_.1—• 4 ,L n ..„ _ ` known to me to be the person(s) described in and wh.' ,f ted the fir-going ins rument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE l 80SMA ` am �y ,d_ ,),-x_et____. , r MINNOW COUNTY:.a4.,.,.. ..• it Cominim g1,g000 Not ry blic STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this F4 kt day of Yarn ti , 1995 , before mea Notary Public within and for said County,personally appeared TThPS R. _T,,,, it, arr _cd 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. MOLE A'OSEMAN __CA-6_ 6� . ..7,./,..,. .6.-../ NOTARY PUBLIC-MINNESOTA a HENNEPIN COUNTY Notary Public STATE OF MINNESOTA ) A MtaMN 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 Page 5 of 7 Form 5005 Disk Orono , . , X04, O O CITY of ORONO (� RESOLUTION OF THE CITY COUNCIL EXHIBIT A • T........117 r,,77' T E.T.L �i(R `jwT' f i Lots 5 and i. R rrangt:Cr. of Orono Pro Pint; r j i 9 t.Il:a. 10 k 'Retrrenge=:':lt of Orono Point and ' Also: that part q .1J r lY � Bt�:I�y r.� t:.4 :�•:'i•.w 1.11eai:+:.'etivc:m Litct-ct,:J yi r �� h. centerline �:. ��encirg at point. -n th ir.E described lire: Cc.. � � T•FrIY cornerC r t c•r Avtnut FJ$8.95 itet rortherlY from the r NJr*Y: ee of Lo r., Gr►s,.ar.S rr rwrrt of Orono Froin; thrr:.•C southerly along r feet; thence. southwesterly on a said oe^trrline a distance of 5 f 2thwes `';`t a dis- n curve to tar. right with a radius of �anr �` :t.Fent tangential " �F9.35 feet; thence southwesterly tangent to 1 last r�= - 5 feet; thence sGuthNeetFriY on b. descr{bt ,urvt a distance of ; „ of 44 .7� -.f tt d iot t r= Grp right n ra ii... La.".g~••,,.r 1 r:u1"rf; to t+.. eJyn,�f'1`.t t,r} said l�'v rip- o.„thweettrlY t G� ll�.��� ;.ra:; t�':F^.C� 8 thence �rCtbrl.� .-�1.r.r t.. ser;=•ed curve a r1 t zct of 107.3 feet; y e r;,1 sterl of 79.3 of 44r rets 42 ninutes to a ." �-^::^ta:g' eu'r�- .� of Lake Minn. " r e feet to the errors Minnetonka � •Rr r;; - red by Doouxr,::.. no. 209238 ec: uJ P.order Averat ac oma: . Avenue c..: said Ceritarrvfr,.:p wasAiwa that part of vacated Center � ru Rearrangement of Orono to the public in theplat of snit extenticn of the Hort:erll pent, lying southerly of the weer ...- Point of northerly o- 1 lint of Let 4. said Rearrangement l a lint drawn westerly lerzxsnlirulhr to the west lint of said Lot 4 f-fv � vf 'in ;:l V_id -10;'5"r, line distant i2.29 tett nor 'av1yf. )r, t^FsClth.FSt corner of eacLot 4; alzc -. : par- : -; e afrol Y southerly ('I. said above r�r'- h snit. half o'_ vrc'atrr? f,rntrr Averuy lying � �t 4f the uF9t6r 1y ecri' :r1 'perpendicular line; and oleo tat`,�•`'r c` a tsterl ex- tension Avenue lying the r r�'�= of vrG'fa�t•!1 G'Cnt. :1L, r1Jr d lying r1L't..b ly Ca. ens e slid Lot CS:: tersicn of tar northerly lin. of ., S�..,. a` g.Yirt „ i' easterly at right files :to „c e westerly •• r-�r.^. •�-ar ;�j.rsn a: bb.:ci west- erly c to d- the of 1...._ sr• v�atcd Center Avenue fr:.W .. pointy of the following de- erlY line with a lint drawn 10 feet easter'_ the sang den_ sc i'o line; Commencing ata point t:` oenttr r. e=of 1 �,,.b in�"c � O „f:Dt�r Y Avenue distant 5E3.3.`.' feet northerlY r� Cen- ter said centerline a c.; thence southerly e.lO-2 lint in de- scribed; of said tet oft beginning of the disthr.0¢ 0: 5 feet �a_rr b "�""' •-v.. O the scribed; thence southwesterly ti range•• 18rve to and right with a radius of 221.17 feet t disttnce of slid line there endir . , Page 6 of 7 cm..000:a Orsi Form 5005 Disk Orono .. • . v., 0 4,. O O CITY of ORONO �'', � RESOLUTION OF THE CITY COUNCIL 9kESH .4) That _ a laid out anr, dedicated over vacated Forcer Avenue 5Point Prot o= t 9 in said Rearrangement of Orono tu:d acrc9s pa..t Oi I-°` rl lirie of s,:.ic' Canterrvr.nue e.�d a w :.cb. lee between the westerly . e an va Border Avenue at _gnt angle line Grown Drawn across said t t intersection C: ne �r Avenue from the coir. of n„ fol- ',, aide line9 of said nerd... e +• line described as .o=- ,,r, the centerline of at a of tet r �the��centerline 0 8ll3Cl Center AY v y lows: $9Qir.2YinS a a�-.. i + 89.95 feet northerly of ncrthweet hweeof Ccorntrrof said Avenue 5 O entre :_then th N, along the cents. 1 Lot 5; thence aou,,..e- -Y a � and acuthwcatcrl_y along a distance of 5 feet; thence souther.Y ^�. feet die_ Ha t with a radius of 2.._. 17 a tangential carve to t.... right � tangent to last said Lance of 169.38 feet; thence+eouthwesterlY tang curve a distance o_ 5 feet; thence southwesterly along a anger- ; tial curve to the right with a radius of 446.72 feet a distance o� r „g,?; feet; thence aouthweate. lY tangent to last said curve a.,,.,_., . distance of 107.'0 feet; thence aouthweeter?Y ale".B a tangential cam/C to the left with a radius of 55 feet a distance of 19.7 curve a distance of feet; thence southerly tangent to last saidncurve to tap leot 6.5 feet; thence acutherlY along a tangential curve with a radius of 169.7 feet distance of fs53.9efe t; the ;oetesouth- erly tangent to last dearetbadn _ radius t+e78.1soeetetoYon a its intersection with ential curve to the centerline of said Bor- der78. - feet to der Avenue, and said lint there ending.. Page 7 of 7 Fon.500 Diu Owe Form 5005 Disk Orono 4 .3 F . V • • RESOLUTION # 3 5 3 9 STATE OF MINNESOTA ) ) COUNTY OF HENNEPIN ) ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meeting of said City Council held on March 13 , 1995 , and that the same is a true and correct copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14th , day of March , 19 95 . 1:,-,i . 1 , , / '-yi-) -.).Lgee_s_.<, , ),:,,2 Do othy M. 41 in, City Clerk 'ii;,14;If' .. yy���y t q,, i i.t j1 ) f r{ ' 1 ii *1 t t r � � moi, • 6419039 2IAPR93 9: 14 66419039 SCO $4.91 2114F9545 9: 14 66419039 00r $16.00 1295 RN 21 rill 9: 15 7,641 •'" , R nrai y Fr FIEC t. • / uOPY FEE aPRIPP."..