HomeMy WebLinkAboutResolution 1847 . _ {. � ._ ,
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d Clt� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
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� � NO. 1847
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A RESOLQTION GRANTING
A CONDITIONAL USE PERMIT PER
MIINICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 5
FIL$ #946
WHEREAS, David C. Cook (hereinafter "the applicant") is
an owner of one of the properties I.ocated at 2739 Shadywood Road
within the City of Orono (hereinafter "City") and legally des-
cribed as Tracts E, Registered Land Survey No. 411 (hereinafter
"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 I of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #946.
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 applicable law, 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 � C�t� o� ORONO �
• RESOLUTION OF THE CITY COUNCIL
� 1847
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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 Iimited 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 ariy other reasonable residential use
but for Iimited dock use.
4. The City Council has considered this application
including the findings and recommendations of the Pl.anning
Commission, reports by staff and comments by the applicant
and the effect of the proposed use on the heaI.th, safety and �
welfare of the community.
• 5. The City Counci 1 f inds that granting a conditiona I use
permit to al.Iow continued use of the property as a riparian
Iot with an accessory dock not to� be detrimental to the
health, safety or general welfare of the publ.ic, would not
. adverseI.y 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 I.evel of
use of the property wi I I be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the
City.
CONCLIISIONS, 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 hereby establish a I.egal non-conforming use
of the property, subject to the following conditions:
�,' 1. Applicant is I.imited to the mooring of one boat at zero
lot Iine dock.
2. Applicant is advised to arrange for appropriate off-
street parking for the parking of one car.
• 3. The existing dock at Tract E measures 50 feet in length
and 3 feet in width. The applicant must file a conditionaI.
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 c�t���o� oR,oNO �
• RESOLUTION OF THE CITY COUNCIL
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� NO. 1847
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� 4. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatical.I.y terminate any authority
. granted herein, and shall be punishable 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 title of
the property.
Adopted by the Orono City Counci I on this 9th day of
Sept mber, 1985.
ATTE T:
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0 othy M. allin, City Clerk Mary C. Bu Ier, Mayor
, � Tom Frahm, Acting Mayor
�
(1) roperty Owner
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d C�t� o� ORONO
� . � RESOLUTION OF THE CITY COUNCIL
� NO. 1847
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this — 9� _ day of (/�D�3� _, 1985
before me a Notary Public within and for said county, personally • �
appeared �,�}-r/1� �, �'r�r�,� 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.
i��p�` M�CHAE� P• GqFFRON NO ARY PUBLIC
�� ' NOTqRy pUBL�C�MINNESOTq
�...�• M HENNEPIN CpUNTY
• Y Corbmission Expires June 11,1�,7� .
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. � MY COMMIS ION 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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