HomeMy WebLinkAboutResolution 1848 . �.:
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d C�ty o� ORONO
• (�� RESOLUTION OF THE CITY COUNCIL
� NO. 1848
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A RESOLIITION GRANTING
A CONDITIONAL USE PERMIT PER
MDNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 5
FILE #951
WH$REAS, John Thimmesh (hereinafter "the applicant") is
an owner of one of the properties located at 2739 Shadywood Road
within the City of Orono (hereinafter "City") and legally des-
cribed as Tracts S & T, Registered Land Survey No. 415 (herein-
af ter "property"); and
WHEREAS, the applicant has applied to the City for a
conditional use permit per Municipal Zoning Code Section 10.03,
Subdivision 5 A through J to permit the continued use of the
property as a legal non-conforming use and, specifically, per
Section 10.03, Subdivision 5 (J) seeks a variance to Section
� 10.24, Subdivision 4 (A) to allow an accessory structure (dock)
on a property that is unable to sustain a principal structure.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono,. Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #951.
2. The property is located in the LR-1B Single Family
Lakeshore Residential Zoning District.
3. On August 19, 1985 the Orono Planning Commission re-
� viewed this application as proposed and recommended approval
based on the following findings:
A) Per Section 10. 03, Subdivision 5 (J) :
"Where, however, such a situation existed legally under
the prior appli:cable Iaw, the Council will not
unreasonably require strict compliance and will
generally look with favor on granting of a variance. . . "
The substandard tracts were created prior to formal
• municipal zoning and controls in February of 1955.
B) The Orono Council minutes of 1958 and a newspaper
article published in the Minnetonka Harold in that same
year confirm that the City was aware of the existence
and use of accessory docks by non-adjacent owners.
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: d Clt� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
�
� NO. 1848
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C) The property, as subdivided in the mid 50's without
the benefit of Iocal control.s, is a unique situation
requiring special consideration.
. D) The limited use of these tracts as proposed by the .
City will not create hazards to the public safety.
E) The property, because of physical constraints,
• cannot be put to any other reasonable residential use
: but for limited dock use.
4. The City Council has considered this application
. including the findings and recommendations of the Planning
Commission, reports by staff and comments by the applicant
and the effect of the proposed use on the health, safety and
welfare of the community.
• 5. The City Council finds that granting a conditional use
permit to allow continued use of the property as a riparian
lot with an accessory dock not to be detrimental to the
heaZth, safety or general. welfare of the public, would not
• adversely affect Iight, air nor pose a fire hazard or other
danger to neighboring properties, nor will it depreciate
surrounding property values and that the proposed Ievel of
use of the property wi 1 I be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the
City.
CONCLDSIONS, ORDER AND CONDITIONS
�,
. Based upon one or more of the above findings, the Orono
. City Council hereby grants a conditional use perit per Municipal
, Zoning Code Section 10.03, Subdivision 5 to permit the continued
use of an accessory dock on a property that cannot sustain a
principal structure thereby establishing a legal non-conforming
,�:° use of the property, subject to the following conditions:
!� l. Applicant is Iimited to the mooring of one boat at zero
' Iot line dock.
� 2. Tract T shall be used for the parking of one car
by applicant/owner.
• 3. The existing dock at Tract S measures 50 feet in Iength
and 2 feet in width. Applicant must file a conditional use
, permit with the City if an increase in the length of the
dock is considered at some future date. �
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d � Clt o� ORONO �
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• � RESOLUTION OF THE CITY COUNCIL
� NO. 1848
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� 4. Violation of or non-compliance with any of the terms and
conditions of this variance shal I constitute a violation of
the zoning code, shall automatically terminate any authority �
granted herein, and shall be punishabl.e as a misdemeanor.
.� 5. The undersigned applicant has read, understood and here-
� by 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 titl.e of
the property.
Adopted by the Orono City Council on this 9th day of
Sep mber, 1985.
. • AT E T:
�`�� . .
rothy M allin`, City Clerk C. Bu er, Ma •
' Tom Frahm, Acting Mayor
,
� (1 Property Owner
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• � RESOWTION OF THE CITY COUNCIL -
� � NO. 1848
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 1. � day ot ��°�� _, • 1985
before me a Notary Public within and for said county, personally
appeared �o}d�s �,���,,N.c�/,� known � to me to be �
the persor�(s ) described in and who executed ' the foregoing
instrument, and acknowledged that he (tliey) executed the same as
. his (their) free act and deed. �
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`:f���. °/qRAF� P. G NOTARY PUBLIC
P�e�� qFF
�q:l.. HEIV �-MIIy�yER�N
�,:•. .. Mv co NEPI or
mm;ss C �T
'��sb�,,s,;,�,�^���,.�°�Er,Pires�^Q Y
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MY COMMISSI N EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of ,. 1985, 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
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