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Home My WebLink AboutResolution 3582 � ....` s- .�j � O� i � � � �b. - C ITY o� ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��`9.kE, p4�'� N O. e� e� � � . SH A RESOLUTION GRANTING � A CONDITIONAL USE PERIIZIT PER MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 7 (A) FILE NO. 2005 WH�REAS, Gary DeSantis of Sailors World Marina and Yacht Club, Inc., a Minnesota corporation (hereinafter the "applicant") has an interest in the property located at 1955 Shoreline Drive within the City�of Orono (hereinafter the "City") and legally described as follows: Exhibit A, attached (hereinafter the "properiy"); and i�VI�EEREAS, the applicant has applied to the City for a conditional use permit • to permit a boat club use at 100 members per Municipal Zoning Code Section 10.41, Subdivision 7 (A). NOW, �HEREFOR.E, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application �vas reviewed as Zoning File #2005. 2. The property is located in the B-2 Lakeshore Business District. The property consists of 31,217 s.f. , � 3. On June 19, 199� the Orono Planning Commission reviewed the application as proposed and recommended approval based or. the following findings: • a. � There are 41 parking stalls on site. In the past year, applicant has had to provide 8 stalls for a boat sales use. The only retail operation at the facility is a ship's store that serves slip rental customers and boat club members. • PaQe 1 of 4 . , .� � O 'Y • O O �b. � CITY o� ORONO � ti '�' RESOLUTION OF THE CITY COUNCI L �L`�I�E Hp4��'G NO. e� e � � S b. Applicant's analysis and comparison of parking needs for annual slip rental or boat club uses suggests the element of flexibility makes it far easier to handle the limited parking facilities with a boat club operation. c. For the past three years, applicant has made arrangements for additional off-site parking on weekends to serve the needs of the marina. d. The City has received no complaints from adjacent residents concerning parking problems within the immediate neighborhood. e. Applicant has operated a 50-55 member boat club for the past three years without any report of parking problems. 4. The City Council finds that granting a conditional use permit to allow a boat club use at the marina 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 Al\TD CUNDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municipal Zoning Code Section 10.41, Subdivision 7 (A) to permit a boat club use with a maximum of 100 members at Sailors World Marina and Yacht Club, Inc., subject to the following conditions: l. Upon application for the annual commercial marina license, applicant �shall provide written confirmation that marina has 25 off-site parking stalls. The City further reserves the riaht to reconsider this parking anangement if the City staff finds or receives reports from residents of parking inadequacies at the marina or • Paae 2 of 4 o � � � � o 0 b. - CITY of ORONO � ti � '�' RESOLUTION OF THE CITY COUNCIL ��`9$,E p4��'G NO. � � � 2 sx at an approved facility within the City of Orono that provides the 25 off site parking stalls for the exclusive use of the marina on weekends from May through September. 2. 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. 3. 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 lOth day of July, 1995. • A ST: � � Do y alli , Cit Clerk Edward J. al an, Jr., Mayor i � Prop y wner(s) ST TE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoin� instrument was acl:nowledged before me on this lOth day of July, 199� by Edward J. Callahan, Jr. and Doroth}� M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry. � °""'• LINDA S.VEE �� , �� !;- =y"' ^ NOTARYPUBLIC-MINNESOTA � �~ �� HENNEPIN COUNTY Notary Public "��'°� My Commission Expires Jan.31,2000 • PaQe 3 of 4 � . , .. � � - ` y . � O� • O . O �b. � CITY of ORONO � � '�' RESOLUTION OF THE CITY COUNCIL ��kE H0�'�G NO. e� � 8 � S STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �� day of a , 199 �o before me a Notary Public withiri and for said county,personally a peared Q�v Qe ��s /'tiP�%cf�in� known to me to be the pers n(s) described m and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. , ..,, LINDA S.VEE �G%�, �� -Q� • `�` NOTARY PUBLIC-�J�INNESOTA 'V �� HENNEPINCOUN7Y NOTARY PUBLIC •:ro � �°'..,„„;•^ My Commission Expires Jan.31,2000 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 � .. , � � � ' " RESOLUTION N0. 3582 EXHIBIT A Par 1: Thaf part of Government Lot 3, Section 10, Township I17, Range 23 described � �as follows: Commencing at the iatersection of the North iine of Central Avenue in the � Village of Crystal Bay, Minnesota as shown in the Plat of "Ora Park" on Lake Minneto extended Easterly with a Iine drawn paraltel to the center line of paved Highway No. 7 and 33 feet Easterly at right angles therefrom; thence Northeasterly 42 Degrees 15 Minntes East along a line parallel to the center line of said paved Highway 124.5 feet to the point of beginning of the land to be described, thence South 57 Degrees 45 Minutes East 29.4 feet, thence North 37 Degrees 50 Minutes East 130 feet to the intersection of the North line of Grand Avenue, eztended Easterly, thence North 59 Degrees 45 Minutes West along said North line 18 feet to the intersection with said parallel line above mentioned, thence � Southwesterly along said parallel line South 42 Degrees 15 Minutes West a distance of 131.5 - feet to the point of beginning. � par 2: That part of Government Lot 3 and accretions thereto, Section 10, Township ' • 117, Range 23 described as follows: Commencing at the intersection of the North line of � Ceniral Avenue, as shown in the plat of "Ora Park" on Lake Minnetonka extended Easterly with a line drawn parallel with the center line of paved Highway Number 15 and 33 feet Easterly at right angles therefrom; thence North 42 Degrees, 15 Minutes East along �parallel with the center line of said paved highway 120.5 feet; thence South 57 Degrees 45 Minutes . . East, 29.4 feet to the actual point of beginning of the land to be described; thence South 57 Degrees 45 Minutes East to the shore of Lake Minnetonka; thence Easterly,Northeasterly, • Northerly and Northwesterly along said shore to its intersection with the North line of Grand � Avenue as shown on the plat of "Ora Park" on Lake Minnetonka extended Easterly; thence i along said extended line Narthwesterly to its intersection with a line drawn North 37 Degrees i50 Minutes East, through the actual point of beginning; thence South 37 Degrees 50 Minutes � West to the actual point of beginning, according to the Government Survey thereof. Subject to ihe proprietary and sovereign rights of the State of Minnesota in all that portion o€the land lying below the natural, ordinary high water mark of Lake Minnetonka; not intending, however, to deprive the fee owners of the usual riparian rights that attach to the land riparian to a navigable, public body of water incident to the ownership thereof; (as to Par 2). �-