HomeMy WebLinkAbout#4180-Variances % o
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' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION GRANTING VARIANCES
TO NIUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2,
10.5�, SUBDIVISION S, AND
10.56, SUBDIVISION 16 (C & L)
FILE NO. 2421
WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners
of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
(Exhibit A attached); and
WHEREAS, the applicants have applied to the City for renewal of variances to
Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56,
Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground
grotto and lakeshore stairway system located w7thin the 0-75' lakeshore setback zone where no
hardcover or structure is normally allowed.
NO`V, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2421.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission briginally revie�ved this variance request on
September 16, 1996 and recommended approval of the proposed variances to
restore the lakeshore stair���ay system, retaining �vall and underground grotto,
based upon the following findings:
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�9kESH�4�' NO. 4 � � �
A. The property is unique for a number of reasons, including its age, its
history and the fact that applicants have been diligently restoring the
property to its former splendor.
B. The proposed work involves restoration of amenities or structures which
already exist, and does not propose any new buildings or amenities.
C. The 650' length of the eastern shoreline justifies the existence of as many
as four lakeshore stairways to provide access to the lake from the higher
portions of the property which are as much as 25' above lake level, and
the steep slopes east of the house suggest the need for stairway access.
4. The City Council on October 28, 1996 adopted Resolution No. 3786 granting
approval of the requested variances.
5. Pursuant to request by the applicant and upon recommendation by the Planning
Commission, on October 27, 1997 the City Council adopted Resolution No. 3986
rene�ving approval of the requested variances.
6. On October 19, 1998 the Orono Planning Commission reviewed the current
request for variance renewal and on a vote of 4-0 recommended approval,
finding that the findings and conditions of the prior approvals as noted in
Resolutions No. 3786 and No. 3986 are still valid and appropriate.
7. The City Council has considered this application including the findings and
recommendations of the Plannin� 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.
8. 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
grantin` the variances would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring property; �vould not merely
serve as a convenience to the applicants, but is necessary to alleviate a
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L9kESH�4�' N0. 4 � � ��
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicants; and w�ould be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants renewal
variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision
8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore
stairway system, retaining �vall and underground grotto, subject to the following conditions:
1. The restoration �vork shall not exceed that contemplated or proposed in the
submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed
the pre-existing level of 0.7% as indicated on the site restoration plan attached
as E�hibit B. Applicant is advised that any future proposal to add hardcover in
the 0-75' lakeshore setback zone might be approved only in conjunction with the
concurrent removal of existin� hardcover, resulting in no net increase in
hardcover in the 0-'7�' zone.
2. Struct�iral restoration of the existing boathouse is specifically not a part of this
approval, and structural repairs to that building shall be reviewed by the
Inspections Department and if determined to require �•ariances, shall be brought
forth to the Planning Commission and City Council as a separate application.
3. Authorities granted by this variance run w�ith 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
�vill eYpire on that date (October 26, 1999).
4. Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zonina code, shall automatically
terminate any authority granted herein, and shall be punishable as a
misdemeanor.
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\\�� G'�'��� RESOLUTION OF THE CITY COUNCIL
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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 a�ree 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 26th day of October, 1998.
ATTEST:
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Linda S. Vee, City Clerk Gabri 1 Jabbour, Mayor
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Pro rty Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of
October, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
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Notary Public
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Pa�e 4 of 6
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_ �.� G'�/� RESOLUTION OF THE CITY COUNCIL
L9kESH04L�' / NO. L� y �� � _.
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STATE MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this /�h day of Q��,h o r , 199�before me�a Notary Public within
and for said county,personally appeared�'�n n ��hdt n.,Qrr�c d -�o �v►,�s Sv�f
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.
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� ► ��"'` 'r. - _ ._... � NOTARY PUBLIC
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _��,r� day of ��'��-t�,h���- , 199�i before me a Notary Public within
and for said county,personally appeared Jtt��„�•; � ,r/�T r r;,-y�� � r -%��r���n--1��:�fi .
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.
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Page 5 of 6
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�e__- `�; CITY of ORONO
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` �� G'� � RESOLUTION OF THE CITY COUNCIL
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L9kESH�4L�' NO. �� � � .�''a
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
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_ before me a Notary Public within
and for said counry, 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 6 of 6
. � RESOLDTION #4180
�IBIT A
Sheet 1 of 2
LXHIBIT A
LEGAL DESCRIPTION OF PREMISES SURVEYED
Lots 5 and 6, Rearran;ement of Orono Point;
Also: that part of Lots 9 and 10, Rearrangement of Orono Point and the accretions thereto lying
Southerly and Easterly of the following described line: Commencing at a point in the centerline
of Center Avenue 588.95 feet northerly from the Northwesterly corner of Lot 5, Rearrangement
of Orono Point; thence southerly along said centerline a distance of 5 feet; thence southwesterly
on a tangentia? curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence
southwesterly tange=_it to said last described curve a distance of 5 feet; thence southwesterly on
a tangential curve t� the right a radius of �'�45.72 feet a distance of 119.25 feet; thence
sa�tFwesj�r.ly �r_g�t ta sai�i ?ast c:e�_ribed curve � ��stz.nce of 107.3 feet; thence we�terly
making an angle of 4�+ degrees 42 minutes to the ri�ht a distance of 79.3 feet to the shore of
Lake Minnetonka and there terminating; subject to Border Avenue as opened by Document no.
2092886;
Also that part of vacated Center Avenue as said Center Avenue was dedicated to the public in
the plat of Rearrangement of Orono Point, lying southerly of the westerly extension of the
northerly line of Lot 4, said Reanangement of Orono Point and northerly of a line drawn
westerly perpendicular to the west line of said Lot 4 from a point on said west line distant
182.29 feet northerly from the southwest corner of said Lot 4; also that part of the westerly half
�f vacated C�nter �1vei�ue lying southerly of said above described perpendicular line; and also
�:•�at part of t�: weste:?_- half of vacated Center Avenue lying northerly of the westerly extension
�f the north�rly Iine .,t said Lct 4 and ]ying southerly of a line drawn easterly at ri�ht angles to
the westerly line of _�id vacated Center A�enue from the point of intersection of said westerly
line with a line drawn 10 feet easterly of the following described line: Commencing at a point
in the centerline of said Center Avenue distance 588.95 feet northerly from the northwesterly
corner of said Lot 5; thence southerly along said centerline a distance of 5 feet to th� point of
beginning of the line being described; thence southwesterly along a tangential curve to the right
with a radius of 221.17 feet a distance of 169.38 feet, and said line there endin�.
- f.�;�TiN�� - _'�'
' � , RESOLIITION �4I80 —
F.%HIBIT A
Sheet 2 of 2
A150 �
That part of vacated Border Avenue as laid out and dedicated over and across part of Lot 9 in
said Rearrangement of Orono Point which lines between the westerly line of said Center Avenue
and a line drawn across said Border Avenue at right angles to the side line of said Border
Avenue from the point of intersection of the centerline of said Border Avenue with a line
described as follows: BeginninJ at a point in the centerline of said Center Avenue distant
588.95 feet northerly of the northwest comer of said Lot 5; thence southerly along the centerline
of said Center Avenue a distance of 5 feet; thence southerly and southwesterly along a tangential
curve to the right with a radius of 221.17 feet a distance of 169.38 feet; thence southwesterly
tangent to last said curve a distance of 5 feet; thence southwesterly along a tangential curve to
the right with a radius of 445.72 feet a distance of 119.25 feet; thence southwesterly tangent to
last said curve a distance of 107.30 feet; thence southwesterly along a tangential curve to the left
- �:�ita a rac?i�1� of S� T��I a �i.t4n:,� Gf 19.7 f�et; �h�.�ce sautherly tan�ent to last saia curve a
distance of 6.8 feet; thence southerly along a tangential curve to the left with a radius of 169.7
feet a distance of 53.9 feet; thence southerly tangent to last described curve a distance of 20.5
feet; thence southerly on a tangential curve to the left with a radius of 78.1 feet to its
intersection with the centerline of said Border Avenue, and said line there ending.
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• IAKE MIIv'NETON"K.A _= _--- ------ �' � ------------_=--___=-------------- ----=------ -
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�,,,, _ -. aRowx•s sAY ,,_____-----"'�'--- -- -. ,- -- � ;'`� _ ------. RESOLIITION #4180
-__------- �-� . ,_:==__=----- _ '.�,,:� Q.�,,; :` , � ; ,��+,`��:j��..C.�� --` ,,, � -►�.,�,�,:� ----• ffiIBIT B-1
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� � RESOLUTION #4180
i �i • Jtuldt ResidenCe �IBIT B-2
i i�` 1400 Bracketts Point R�-�d
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, , Oronc, I�1 55391
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��o Restoration of �istirig Boath use & Grotto.
� � June 1996
� GRO i i 0 � � LEVEL AND RESET EXISTING �
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