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Home My WebLink AboutResolution 1652 " : R � i ^ � C�t� o� ORONO . � � RESOLUTION OF THE CITY COUNCIL NO. 1652 � • � - � � GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 1H.03, SUBD. 5, GRANTING A IANCE TO ZONING CODE �SECTION 1H.03, SUBD. 5 (B) - FILE �837 WHEREAS, the Hennepin County Park Reserve District (hereinafter "applicant") has made application to the City of Oror�o ' (hereinafter "City") to permit the continuation of the legal non- conforming gazebo structure on the property located at 2865 North Shore Drive , and in addition seeksapproval to make structural repairs to the gazebo in a dollar amount exceeding fifty percent (5Hg) of the fair market value of the structure; and WHEREAS, the Hennepin County Park Reserve District isowner of the property legally described as follows: All of Government Lots 2, 3, 4 and 5 and that part of Government Lot 8 , lying west of Hennepir, County Road 84, all in Section 9, Township I17 , Range 23 (hereafter "property") . • NOW THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota : FINDINGS 1 . The application was reviewed as Zoning File No. 837. 2. The property is located in the LR-lA Lakeshore Residential Zoning District. 3. The gazebo structure in question has been continuously in existence on the north shore of Crystal Bay for over 75 years, and is a landmark of historic merit. 4. The City Assessor has not established.the fair market value of this structure because this is tax exempt property. However , proposed repairs to the structure will likely exceed 50$ of the fair market value of the structure . 5. Restoration of the structure will not increase tk�e existing hardcover on the property. The existing hardcover in the 0-75' zone is Iess than 1$. 6. This is a legal , non-conforming structure, and no change in the • • configuration or use of the structure is being made. � a page 1 of 5 . � ,„ , . � Cit o� ORONO � � � RESOLUTION OF THE CITY COUNCIL NO. 1652 • • • ' • • 7. The City CQUncil has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the owner and applicant and the effects of the non-conforming structure and location of this struc•ture in � relation to the public health, safety and welfare within the community. 8v The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to the property in this zoning district: the •granting of the variance would not adversely effect traffic conditions, light, air nor pose , a fire hazard or other danger•to neighboring property; would not merely serve as a convenience to the owner , but is necessary to alleviate a demonstrab�e hardship or difficulty; is necessary to preserve a substantial property right of the owner; and would be in keeping with the spirit and intent of the Zoning CorJe and � Comprehensive Plan of the City. � 9 . The City Council finds that granting a conditional use permit to the applicant for the continuation -;,of the non-conforming ' structure would not be detrimental to the health, safety or general welfareof the public, nor will it depreciate surrounding property values and the level of use of the property limited by the pertinent sectionsfor non-conforming uses within the Zoning Code will be in keeping with the intent and �� of the Zoning Code and Comprehensive Plan of the City. . "�DJ��S CONCLUSIONS, ORDER, AND CONDITIONS Based upon the above findings the City Council o'f Orono grants a Conditional Use Permit per Municipal Zoning Code Section 10. �d3 Subd. 5 to the Hennepin County Park Reserve District to allow the continuation of the non-conforming gazebo stucture and grants a variance to Seciton 10.P13 Subd. 5 (b) to allow structural repairs and restoration of the gazebo in a dollar amount exceeding fifty percent (50$) of the fair market value of the structure, subject to the following conditions: I . Approval is for repair and restoration of the gazebo, with no changes in the confirguration of the structure. • 2. All building repairs must be reviewed by the Building and Zoning Department. A building permit is required. page 2 of 5 . ,.: �� . ,, j � � � Clt� o� ORONO i � RESOLUTION OF THE CITY COUNCIL �� NO. 1652 • • • • • 3. In accepting this conditional use permit for restoration of the gazebo , the Hennepin County Park Reserve District again acknowledqes their obligation to allow the City to . review aII� proposed capital improvement projects in the Noerenberg Park, according to the City' s code. 4. The City Council hereby reserves the right to review and/or modify this conditional use permit , if at any time in the future the Council finds the conditions ot the subject permit to be violated or if the continued use of the gazebo is found to be detrimental to the heaith, safety and public welfare of Orono citizens. 5. Violation of or noncompliance with any of the terms and conditions of this permit shall constitute a violation of the Zoning Code , shall automatically terminate any authority granted herein. • , 6e The undersigned has read, understood and hereby agrees to the • terms of this resolution and hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 9 day of July, 1984 , by a vote of 4 ayes and 0 nays. ATT ST: CITY OF ORONO �, � A1 erta Strom, City Clerk ry C. - t , Mayor Dorothy . Hallin, Deputy Clerk . (1) w�.c� �i.v� �lGx�w �'91r%� Pro erty 0 ner (s) r,,,i4„ $a `}�c c�� Property Owner (s) �j�u., . (3) Property Owner s) • page 3 of 5 . � • . - . s � Ci.t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1652 • . • ' � • ,._. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 15th day of November , Igg4 , before me a Notary Public wi hin and for said County, personally appeared known to me to • be the person s) escribed in and who executed the foregoing i,nstrument, and acknowledged that he (they) executed the same as his (their) free act and .deed. _ �� [� � � � NOTARY PUBLIC �� .�Pafricia c.�{ cS'h'eet`z • �� NOTARY PUBLIC-MINNESOiA' HENNEFiN COUNTY Sept. 25, 1988 My commission expires SeGt,25,19gg � MY COMMISSION EXPIRES STATE OF MINNESOTA �) ) ss . COUNTY OF HENNEPIN ) ' On this 15th day of November , 1984 , before me a Notary Public within and for said County, personally appeared Varn T_ Nartanhn known �to me t0 be the person(s) descri ed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed.. __ ,• �'�" • -. ��...� �'�G� -�� """'� �atricia cff cS'�ieetr ' NOTARY PUBLIC �� NOTARY PUBLIC-A4INNESOTg HENNEPiN COIiNTY My commission expires Sept.25,1988 Sep t. 25� 19$$ MY COMMISSION EXPIRES • . page 4 of 5 � ,- • ► �. •�4_��, �' 1 � � . • r . • • � Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1652 • • ' • • � . � . STATE OF MINNESOTA ) ` ) ss. • COUNTY OF HENNEPIN ) _ On this . day of , I984 , 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 � � MY COMMISSION EXPIRES � page 5 of 5 ,