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HomeMy WebLinkAboutResolution 1846-A ` �M _ � i�i.�l 1.� a . d C�t� o� ORONO • C3� RESOLUTION OF THE CITY COUNCIL � NO. 1846 - A • ' • • A RESOLDTION GRANTING A CONDITIONAL DSE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 5 FILE #941 WHEI2EAS, Paul R. Nutt (hereinafter "the applicant") is an owner of one of the properties Iocated at 2739 Shadywood Road � within the City of Orono (hereinafter "City") and legally des- cribed as Tracts Q & R, Registered Land Survey No. 415 (herein- after "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 RESOI,VED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #941. 2. The property is I.ocated in the LR-1B Single Family Lakeshore Residential Zoning District. 3. On August 19, 1985 the Orono Pl.anning 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 Iegally under the prior applicable Iaw, the Council will not unreasonab3.y require strict compliance and will generally Iook 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 Counci3. 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. � Page 1 of 4 ` �, �,� . ��r:� d ��,t . C�t �o� ORO1�Ts0 � � , „ �' �� ���,°'"� �►�'�!:;�' �:;� ���r��� � ` RESOWTION OF THE CITY COUNCIL �'��;, :���,. • NO. 1846 - A : :;�;;'.. . �Y�.. .�, ::. � " -�._<.,;: 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 I.imited 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 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 : • wel.fare of the community. 5. The City Council finds that granting a conditional use � permit to aI.Iow continued use of the property as a riparian lot with an accessory dock not to be detrimental to the • heal.th, 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 I. 1 be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan 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 fol.Iowing conditions: :< 1. Applicant/owner is Iimited to the mooring of one boat at zero Iot Iine dock. • � 2. Tract Q shall be used for the parking of one car by . applicant/owner. 3. The existing dock at Tract R measures 42 feet in length , 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. Page 2 of 4 . � ` �,_ n _ . . „ d Clt� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 1846 - A � � • • • 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 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 Council on this 9th day of Septe ber, 1985. ATTE . . �-- �vT�`� • othy M. in, ity Clerk Ma y C. u ler, Mayor Tom Frahm, Acting Mayor � (1) Property Owner . Page 3 of 4 , • i � � . ..✓ �. , „ d C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � � NO. 1846 - A ' � ' • • • STA-T-E—OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this ���' day of __���ey� , 1985 before me a Not�y Publ'ic within and for said county, personally appeared /d-�t� �, /1/u7"7- 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. �ao� E�p GM N�E5�TA �, �w,� NoGA Ae�Ge,N�GpuN��,,�i`N N ARY PUBLIC �a � NEN��`+S P EXP��O f^�"�'� �1 `+.��� MY Gom . �'m 4..T • .��u,..cs / /�8� � MY COMMISSI02 EXPIRES STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) On this day of , 1985, before me a Notary Public within and for said County, personal ly appeared known to me to be the person(s) described in and who executed the foregoinginstrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES � Page 4 of 4 �.. � ` , _ . �. °�t. � . • , . � -- , , � . � ,. � - � d � , , , , �- ,. • :.�; . • ' .. .