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Home My WebLink AboutResolution 3569 �. 6588457 O O t CITY of ORONO RESOLUTION OFF THE�CITY COUNCIL 9kESH0 NO. A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 9 (B-3) FILE NO. 2018 WHEREAS, Richard A. Born (hereinafter the "applicant") is the owner of the property located at 1991 Fagerness Point Road within the City of Orono (hereinafter "City") and legally described as: refer to Exhibit A attached (hereinafter "property"); and WHEREAS, the applicant has applied to the City for a conditional use permit to permit expansion 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 #2018. 2. The property is located in the LR-1C Lakeshore Residential Zoning District. 3. On May 15, 1995 the Orono Planning Commission reviewed the application as proposed and recommended approval based on 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. The DNR has issued a permit for the proposed expansion of the permanent dock on May 2, 1995. TRANSFER ENTERED ff%NEPIN COLMTY TAXPAYER SEP:`'h'"ES JUN 10 1996 Page 1 of 4 I s O O O b - CITYof ORONO RESOLUTION OF THE CITY COUNCIL 9kES1104� NO. 3569 iv C. The proposed dock nor the dock's location will have no negative impact on the surrounding residential properties. d. A permanent dock has existed on this property prior to 1970. tithe City Council finds that granting a conditional use permit to allow the expansion of the existing 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 City staff, comments by the applicant and the effect of the proposed variance 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 expansion of the existing permanent dock, subject to the following conditions: 1. Applicant to comply with all conditions of the DNR permit. 2. Upon application for a building permit for the permanent dock, applicant shall provide confirmation from the LMCD that either a permit is not necessary or that a permit has been granted. 3. 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 (June 12, 1996). Page 2 of 4 O O CITYof ORONO O� RESOLUTION OF THE CITY COUNCIL �9kESH0 NO. 3 e? � 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 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 12th day of June, 1995. ATTEST: or y M. City Clerk Edward J. Call n, J ., Mayor Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1995 by Edward J. Callahan, Jr. and Dorothy M. Hailin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. .`�.� JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA Notary lic . HENNEPIN COUNTY My Commission Expires Jan.31,2000 PaLye 3 of 4 O O O CITYof ORONO RESOLUTION OF THE CITY COUNCIL k' O NO. e_. 6- STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this and for said county,personally a�� _ 199 , before me a Notar;, -ti t Public with 5 ,P y ppe era d_ known to me to be the person(s) described in and wh6 executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. JAMIE L.BOSMA NOTARY PUBLIC-MINNESOTA f -��— �' HENNEPIN COUNTY y' i My Commission Expires Jan.31,2000 NOTARY 1PL BLIC 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 Page 4 of 4 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL SH0 NO. 1S 569 Resolution No . EXHIBIT A I hereby certify that this is a true and correct representation of a survey of the boundaries of the follov. ing described property : Lot 26 , F/1GEMIESS , except that part thereof described as follol•rs : Commencing at a point in the Southerly line of Lot 2 , FACERNESS, exLended Southeasterly which point is 50 feet from the most Southerly corner of said Lot 2 ; thence angle right 65 degrees 46 minutes a distance of 77 .66 feet ; thence angle right 90 degrees in a straight line a distance of 69 .6 feet to the point of intersection with the Southwesterly line of said Lr)t 1 , vihich point is the actual point of beginning ; thence continuing on said same straight line to the shore of Lake Minnetonka ; Lhence Northerly along said shore to its llltersectlon (-iith the Southerly line of Lot 1 , FAGERNESS; thence Southeasterly alou(1 the Southerly line of Lot 1 to the poillt of beginning. Also , LhaL part of Lot 11 FAGERHESS , described as follows : Commencing at a point in 1.1le Southerly line of Lel 2 Qxtended Southeasterly which point is 50 feet from lllosL Southerly col-nor () f Said LoL 2 ; thence angle riylit G5 de0recS 46 nllnutes I (IISLaIICe 01 / % . f f'?cl. LC? Ile u'CtUa 'l pClllC. Cf becinn : rlc �aiCi 7/ . 66 1001 ilne being hereinafter• calle(I line n; thence angle right 90 decrees a distance of 69 . 6 feel to Lhe point of intr?"Sectl0'1 1•rit11 L11 Southwesterly line of said Lot 1 ; thence SollLheastehly along Said SouL111-,esterly line a distance of 100 . 26 feet , more or Ic s , Lo Lhe shore l ine of Lake hlinnetonl:a ; thence tlortllerly along said shore I ine to a I ille dr.1wil at. right angles to line n from the point of beQinnillg ; thence 1! 3SLel'1 )' 21? feet , IIICI'e (11' ICSS , iC `tlle p0111t of becinniwi , and of the IocaLioif of aIi buiIdirigs , •if any , thereon . It does not purport to sllo(r any 0t.her inJpl'OverlellLs or encroachments . RESOLUTION # '3569 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 1meeting eeti and ofsaid the same is a�true and held correct June 12 1 gar June of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 13th day of Jud_ , 19_25____• ,a - orothy M. , City Clerk »r �T{ - Y 658845'7 12JUN9612. 1 9 06588457 SCD $4.50 12JUN961 c• 19 D6588457 DOC $16.00 g SS t UL Fn 122 16 , 58845'7 SEC FEE AW.