HomeMy WebLinkAbout#1515 Resolution 2807Cityof ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 6 (3)(B),
SECTION 10.03, SUBDIVISION 9 (A) AND
SECTION 10.22, SUBDIVISION 1
FILE 11515
WHEREAS, Jeffrey Johnson (hereinafter "the applicant")
is the owner of the property located at 3825 Cherry Avenue within
the City of Orono (hereinafter "City") and legally described as
follows:
The West half of Lot 2, all of Lot 3, and the North 45' of
Lots 28 and 29, Block 7, Crystal Bay View, Lot 2, Block 3,
Crystal Bay View, Hennepin County, Minnesota (hereinafter
"the property"): and
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.03, Subdivision 6
(3) (B) and Section 10.03, Subdivision 9 (A) to permit the
construction of a 200' long cat walk, an accessory structure, on
a property consisting of multiple lots divided by an unimproved
road, Cherry Avenue, that divides a lakeshore lot from the
remaining interior lots requiring a variance that would seek
credit for the principal residence on the interior lot for the
accessory structure on the lakeshore lot, and hardcover and
setback variances within the 0-75' setback area for the 200'x3'
cat walk structure.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1515.
2. The property is located in the LR-lC Single Family Rural
Residential Zoning District requiring 1/2 acre in area. The
interior lots within the jointly owned properties consist of
22,183 square feet.
3. The Orono Planning Commission reviewed this application
on April 16, 1990, and recommended approval of the proposed
variances based upon the following findings:
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807
A) The portion of Cherry Avenue that the proposed cat
walk structure would cross is totally within the
wetland/lakeshore and is not used for roadway purposes
and is currently unimproved.
B) The legal combination of the substandard lot will
now be tied to an adjacent homestead parcel and will
never be the subject of a land use independent of any
homestead.
C) The proposed dock structure meets the LMCD
criteria for authorized dock use area for a dock with
one slip (1 slip per 50 lineal feet of shoreline).
D) The property consists of predominately wetlands and
lakeshore.
E) There is no adverse impact on adjoining property
owners or the public generally as a similar dock and
cat walk structure has existed on the property to the
immediate east without any record of accidents or
apparent hazard to the public who use the adjacent main
lake and roadway.
4. 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 variances on the health,
safety and welfare of the community.
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
variances would not adversely affect traffic conditions,
light, air nor 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.
Page 2 of 5
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to the Municipal
Zoning Code Sections noted above to permit the construction of a
200'x3' cat walk, portions of which are to be located within the
unimproved right-of-way of Cherry Avenue and within riparian Lot
2, Block 3, Crystal Bay View, to serve the residence located at
3825 Cherry Avenue, subject to the following conditions:
1. Prior to filing the variance resolution by the City,
applicant must apply for the legal combination of three
parcels, P.I.D. #08-117-23 33 0041, 08-117-23 33 0037, 08-
117-23 33 0058.
2. Upon application for a building permit for the cat
walk/dock structure on Lot 2, Block 3, Crystal Bay View and
unimproved Cherry Avenue, applicant must submit the
following:
A) Survey showing any encroachments of property and
location of proposed structure within subject lot and
right-of-way of Cherry Avenue. The accessory structure
must meet the required 10' side setback from the west
side lot line.
B) Approval permits from Corp of Engineers, DNR and
Orono Public Works Department. Applicant to provide
fully executed Hold Harmless agreement with the
building permit application.
3. Posting of cat walk/dock structure with "No
Trespassing/Private Property" signage.
4. Based on standards of LMCD and this variance approval,
the dock shall be limited to 1 slip.
5. 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
variance will expire on that date (May 29, 1991).
6. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. __ 2_8_0_7 ___ _
7. 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 City Council of the City of Orono,
Minnesota at a regular meeting held on the 29th day of May, 1990.
OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 29th day of May, 1990, by James R. Grabek & 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.
THERESA L. NAAB
NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My commission explrgs 9-a-92
Notary Public ·
9-8-'-9 ;:;2_
My Commission Expires
Page 4 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2807
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ~I&-day of ~-, 199 D
before me a Notary Public within a-n-d~~-f-o=r-s_.....,1~.d--c-o_u_n_t_y_, __ p_e-rsonally
appeared .::::J'--R...., . ( "\"\V"\~ I \..AS
known to me to he erson(s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
THERESA L
NOTARY PUBLIC • NAAB l
HENNEPIN C~l~NESOTA
My commission exp· NTy ires 9-8-92 ,
• .......... 1:
--...i
STATE OF MINNESOTA)
)ss.
COUNTY OF HENNEPIN)
NOTARY PUBLIC
MY COMMISSION EXPIRES
On this /Sf-day of :tz,L/f\...J2_ , 19 90 , before me a
Notary Public within and for said County, personally appeared
· )... , sex. -::::rw, St: un Lu,' known to --'---'-='-=--...;....;;....:_...=-'-"'-t...1...1.~~-,.-...,...,.-=:.=....;_;..~---,,-----,-----.-----m e to be the person( s) des,, ibed in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
THERESA L NAAB
NOTARY PUBLIC. "MINNESOTA
HENN!;:~IN COUNTY My comm,ss,on expires 9_8_92 --
NOTARY PUBLIC
MY COMMISSION EXPIRES
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