HomeMy WebLinkAboutResolution 1846-B r+ �Y �- ti �s �
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d Clt� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 1846 - B
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A RESOLUTION GRANTING
A CONDITIONAL DSI3 PB1tMIT PER
� MDNICIPAL ZONING CODE
SECTION 10.03, SIIBDIVISION 5
FILE #970
WHEREAS, Paul R. Nutt (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 O & P, 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 Iegal non-conforming use and, specifically, per
Section 10.03, Subdivision 5 (J) seeks a variance to Section
. • 10.24, Subdivision 4 (A) to a1low an accessory structure (dock)
on a property that is unable to sustain a principal structure.
' NOW, THEREFORE, BE IT RLSOLVED by the City Counci I of
Orono, Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #941.
; 2. The property is Iocated 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) :
a
' "Where, however, such a situation existed Iegally under
: the prior applicable 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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• �► RESOLUTION OF THE CITY COUNCIL
� NO. 1846 - B
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C) The property, as subdivided in the mid 50's without
the benefit of local controls, 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 physicaI. constraints,
cannot be put to any other reasonable residential use
• but for Iimited 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
Iot with an accessory dock not to be detrimental to the
health, safety or general. welfare of the public, would not
adversely affect light, air nor pose a fire hazard or other
. � danger to neighboring properties, nor will it depreciate
surrounding property values and that the proposed level of
use of the property wi 11 be in keeping with the intent and
objectives of the Zoning Code and Comprehensive PI.an of the
City.
� CONCLUSIONS, 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 Iegal non-conforming
use of the property, subject to the following conditions:
l. Applicant/owner is limited to the mooring of one boat at
,� zero Iot line dock.
2. Tract P shall be used for the parking of one car by
� applicant/owner.
3. The existing dock at Tract 0 measures 42 feet in Iength
• and 3 feet in width. The 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 C�t�.: .' � � OROl�� �
• RESOLUTION OF THE CITY COUNCIL
Q�Q
� NO. 1846 - B
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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, shal 1 automatically 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 resoluti'on in the chain of title of
the property.
Adopted by the Orono City Council on this 9th day of
September, 1985.
AT ST:
, • rothy M allin, ity Clerk ry C. Bu ler, Mayor
Tom Frahm, Acting Mayor
�C�.�s�.� � � .
' (1) Property Owner
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? ' RESOLUTION OF THE CITY COUNCIL
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'� NO. 1846 - B
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• � STATE OF MINNESOTA )
. ) ss.
' COUNTY OF HENNEPIN . ) •
On this �
/� day of ���-og� , 1985
- before me a Nota y Public within and for said county, personally
. appeared ,�L /� , �/u-�'"7- known to me to be
the persor�(s ) described in and who executed the foregoing
instrument, and acknowledged that he (ttiey) executed the same as
his (their) free act and deed.
ooass
����"T°�.;;4 MICHAEL P. GAFFR�;,;d
' �''�!� �' NOTARY PUBUC-MINNESG�A
'� HENNEPIN COUfifTY NOTARY PUBLIC
, • .��My Commission Expires Juno 11,�^^7�
' e�aavea.,.___�,�
� �u�� /� /98 7 .
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.
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NOTARY PUBLIC
. �
, MY COMMISSION EXPIRES
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