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Home My WebLink AboutFiled Resolution • HINSHAW & CULBERTSON PIPER'AFFRAY TOWER APPLETON,WISCONSIN SUITE 3100 MIAMI,FLORIDA BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MUNSTER,INDIANA BROOKFIELD,WISCONSIN PEORIA,ILLINOIS CHAMPAIGN,ILLINOIS 612.333.3434 TELEFAX:612.295.0398 PHOENIX,ARIZONA CHICAGO,ILLINOIS ROCKFORD,ILLINOIS CRYSTAL LAKE,ILLINOIS ST.LOUIS,MISSOURI FT.LAUDERDALE,FLORIDA SAN FRANCISCO,CALIFORNIA JACKSONVILLE,FLORIDA SPRINGFIELD,ILLINOIS JOLIET,ILLINOIS TAMPA,FLORIDA LAKE GENEVA,WISCONSIN Nancy Chadwick WAUKEGAN,ILLINOIS LISLE,ILLINOIS Direct:612.295.0660 nchadwick@onrampinc.net September 13, 1999 Carole A. Haseman, Deputy City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Recorded Resolutions Our File No. 752031 Dear Carole: Enclosed please find attested copies of the following Resolutions that were recorded in the office of the Hennepin County Registrar of Titles: 1. Resolution No. 4228 (File No. 2447) recorded April 1, 1999, as Document No. 3140740; 2. Resolution No. 4065 (File No. 2325) recorded June 16, 1999, as Document No. 3169666; and 3. Resolution No. 4264 (File No. 2451) recorded July 9, 1999 (the Registrar did not assign a document No. to this resolution prior to returning the attested copy). Certified copies of the following resolutions that were recorded in the office of the Hennepin County Recorder on June 16, July 13 or July 14 are also enclosed: June 16, 1999: 1. Resolution No. 4227 (File No. 2446) recorded as Document No. 7129610; 2. Resolution No. 4257 (File No. 2227) recorded as Document No. 7129611; 3. Resolution No. 4244 (File No. 2460) recorded as Document No. 7129612; July 13, 1999: 1. Resolution No. 4277 (File No. 2475)recorded as Document No. 7144534; 2. Resolution No. 4276 (File No. 2473) recorded as Document No. 7144535; Carole Haseman September 13, 1999 Page 2 3. Resolution No. 4272 (File No. 2444) recorded as Document No. 7144547; 4. Resolution No. 4275 (File No. 2472)recorded as Document No. 7144548; 5. Resolution No. 4274 (File No. 2468)recorded as Document No. 7144549; and July 14, 1999: 1. Resolution No. 4110 (File No. 2380)recorded as Document No. 7144905. Upon your receipt of the enclosed, recorded resolutions please do not hesitate to call me if you have any questions. Very truly yours, Nancy L. Chadwick Paralegal Enclosure cc: Thomas J. Barrett, Esq. \ . � ;0 OR FEE • aEC FEE 3 JUL 13 �'►1 !2� 59 • 7144535 eD0A r i RESOLUTION# 4 2 7 6 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Linda S. Vee, 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 April 26, 1999 , 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 30th day of April , 19 99 . /672.e7,.., Linda S. Vee, City Clerk (SEAL) ,? • TRANSFER ENTERED ( HENNEPIN COUNTY TAXPAYER 9ERVICL9 JUL ., 1 BY •:1d Aifr" ptPUT1' .O� • /O O CITY of ORONO i, 1r '1 1� / RESOLUTION OF4THE CITY COUNCIL IkESHO¢ NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISIONS 1 AND 2 AND SECTION 10.56, SUBDIVISION 16 (L) FILE #2473 WHEREAS, Matthew B. Herman (hereinafter "the applicant") is owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof, Hennepin County, Minnesota; and That part of Lot 2, lying west of a line drawn across it midway between the East and West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof, Hennepin County, Minnesota, (hereinafter "the property"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on April 19, 1999, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS Page 1 of 5 ,_,-_:..--.. . • • ,� 0.4 /o o . CITY of ORONO ,,•ist , �kil.It: G,,t.... A., , RESOLUTION OF THE CITY COUNCIL ��9kESH0¢� NO. 4 2 �e 1. This application was reviewed as Zoning File #2473. 2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780 sq. ft. is the minimum lot area. The property consists of .73 acres or 31,767 sq. ft. 3. The Planning Commission reviewed this application on April 19, 1999 and recommended approval on a vote of 5 to 1. 4. The Planning Commission made the following findings of fact: A. The portion of Cherry Avenue that the walkway would cross is undeveloped and is entirely within the wetland or below the 929.4' lakeshore elevation and will not be developed. B. A previous property owner acquired the 50' wide Lot 2 for riparian rights to North Arm Bay of Lake Minnetonka. The lot has been combined with the existing residential lot which is a conforming lot in lot area. C. The proposed dock would allow 1 slip per 50 feet of lake frontage. D. There is no adverse impact on adjoining property owners. The property to the east contains a similar structure. E. Approval is subject to outside agency review. The DNR has stated a new permit would be required for the structure. The applicant is advised he should file the appropriate documentation for a permit. The previous permit issued in 1990 has expired. F. Additional variances are required for hardcover than were required in 1990 as a result of the adoption of the Shoreland Ordinance in 1992. 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 Page 2 of 5 ' "ii,„ 0,4,: /O O =: F CITY of ORONO i�^`�`'`1 G4 RESOLUTION OF THE CITY COUNCIL 9ICESHD4 NO. 4 2 'e 6 - pose a fire hazard or other danger to neighboring property; 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. 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 variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake Minnetonka. Approval was subject to the following conditions: 1. Authorities granted by this variance 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 variance will expire on that date (April 26, 2000). 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, 1 hereby agrees to the recording of this resolution in the chain of title of the property. Page 3 of 5 • /'.4$ 0 CITY of ORONO � �i• � �Gti RESOLUTION OF THE CITY COUNCIL \kEStiew NO. 42, 76 - Adopted by the Orono City Council on this 26th day of April, 1999. ATT ES't. L'intta'$�* (Cty Clerk Gab 'el Jab our, ayor roperty Owners STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 26th day of April, 1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. '137a72/-/., c;i9f,&• (WI. Notary MARY ANN JOHNSON •tag NOTARY PUBLIC-MINNESOTA P u>ic � My Commission Expires Jan.31,2000 Page 4 of 5 , , - . :I?. 0.4i. -70 0 \ t.„ CITY of ORONO 1 ,►,,+,1'� G'� RESOLUTION OF THE CITY COUNCIL A ..0 '4 �t91 •► �` 4�, NO. 4276 <kESKo STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this 3or-t\ day of 73 R i ( , 199 7 before me a Notary Public within and for said county, personally appeared _ ,'Yi (t. -f--f h.Q u.) 13 • �/e R Nt 4 n / Si n j ke 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. `MARY ANN JOHN;ON ! ".7"/ �2i...,c,, �� NOTARY PU3LIG. NOTARY JBLIC Mlh� OTA '.,,..e. 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 5 of 5