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Home My WebLink AboutResolution 1886 � � . �. � � . " . . '. . . • � � . :.. � C�t o� ORONO . . - � ; • � RESOLUTION OF THE CITY COUNCIL « � NO. 1886 . • - • • ,� - , - A RESOLIITION BRANTING A • CONDITIONAL IISE PERMIT PER " MDNICIPAL ZONING CODE � . SECTION 10.03, SIIBDIVISION 5 ' FILE #972 ', _ _-- - -. . _.. .__ _._ .. . _ _ __ _ ° ----_----._ .___.._�� WHEREAS, Shaver Corporation of Wayzata, a Minnesota Corporation, (hereinafter "the .applicant" ) has an interest in the property located at - 1080 Ferndale Road West within the City of Orono (hereinafter "City") and , legally described as follows: _._�----.- --- --- ____ __.—__ :.�___- * ' �That��part of Lot 6, North Shore Cottage Acres, Lake Minnetonka,: . lying Northwesterly of the following described line: Commencing . ' at the most Easterly corner of said Lot 6; thence Northwesterly along the Northeasterly Iine of said Lot 6 a distance of 40 feet to the point of beginning of Iine to be described; thence South- . �; westerly paral.I.e1 with the Southeasterly Iine of said Lot 6 to � the Southwesterly I.ine of said Lot 6 and said line there �.. � terminating, and that part of Lot 9, North Shore Cottage Acres, Lake Minnetonka, described as foI Iows: Commencing at the North- west corner of said Lot 9; thence South along Westerly Iine 25 feet; thence at an angle Southeasterly parallel with North- � �= easterly Iine 25 feet; thence at right angles Northeasterly . parallel with W�sterly Iine ��25 feet to Northeasterly line also being the County Road; thence Northwesterly to point of . beginning, (hereinafter "the property"); and ' WHER$AS, the applicant has applied to the City for a variance to allow construction of an accessory structure (dock) on a property that is unable to sustain a principal structure; and . WHEREAS, per Section 10.03, Subdivision 5 the City must � approve a conditional use permit in conjunction with the granting of such a variance as the proposed accessory structure and use of the property must be formal ly recognized as a Iegal non-conforming use. NOW, THEREFORE, BL IT RESOLVED by the City Council of Orono, Minnesota: �' FINDINGS 1. This application was reviewed as Zoning File #972. 2. The property is Iocated in the LR-lA Single Family Lakeshore • Residential Zoning District. 3. On October 21, 1985 the Orono Pl.anning Commission reviewed the application as proposed and recommended approval based on the following findings: Page 1 of 5 ' , ,, � ,i . V y. ��"�� l �� :� C�t o� ORONO �;.��. `y; '>: � � � . • k �: t�+ �'; " ` ` �"�'`� RESOLUTION OF THE CITY COUNCI L ;�':�� :'� �' NO. 1886 • ' • • A) The total property consists of a buildable lot and a 25'x25' lot separated from the building I.ot by a public road. B) The property has been recognized as one unit on the Certificate of Titl.e for several. years. C) The homestead or buil.dable portion of the property is located 66 feet from the smaller tract that is riparian to Lake Minnetonka. D) The two parcels cannot be combined because they are , separated by public road. . E) The riparian tract is Iocated within a protected Iagoon area. • F) The tract is 25 feet in width; a dock can be built per standards of the Lake Minnetonka Conservation District without the need for variances. G) The riparian tract was created in 1945 prior to adoption of formal subdivision regulations and is substandard per current zoning standards. H) Previous owner and current owner were never advised of • the need to apply for a variance to construct a dock only that a house must be built on Lot 6. The Orono staff had always advised the property was riparian to Lake Minnetonka. � I ) The riparian tract and portions of the adjacent public road right-of-way are now submerged by Lake Minnetonka. . J) The City Attorney has submitted a written opinion dated � September 6 , 1985 that confirms the property owner "possesses the necessary right to construct a dock" and that the property owner may use portions of the dedicated public right-of-way not used by the City if this use does not conflict with the public's use of the roadway or create hazards in the public use of the road right-of-way. K) The use of an independent tract for solely riparian • purposes by a neighboring property divided or separated by public or private easements or public right-of-way is consistent with current patterns of use of the Iakeshore within the City. ' Page 2 of 5 � ^ .� . _, i' r ,�t d � C�t� o� ORONO c 4< � • i�?�� (.�� . .,;.;..�....,_ ,-,;�.� ,.� RESOLUTION OF THE CITY COUNCIL � NO. 1886 • - • • • 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and appl.icant's attorney 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 and Variance to al.low the 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 Iight air nor pose a fire hazard or other danger to neigh- boring properties, nor will it depreciate surrounding property . values and that the proposed Ievel of use of the property wil3. be in keeping� with the intent and objectives of the Zoning Code and • Comprehensive Plan of the City. CONCLIISIONS, 0:3DER AND CONDITIONS � Based upon one or more of the above findings, the Orono City � Council hereby grants a conditi�anal use permit per Municipal. Zoning Code Section 10.03, Subdivision ;� and a variance per Municipal Zoning Code Section 10.23, Subdivisioii 5 (A) to permit construction of an accessory dock on a substandarG. Iot that cannot sustain a principal structure thereby establishinc a legal non-conforming use of the property, subject to the followi:�g conditions: l. Execution of a special Iot combination agreement recognizing � the use relationship with homestead Iot and riparian Iot. . "2. Dock to be constructed per Lake Minnetonka Conservation District regulations for existing Iot (prior to 1970) with Iess - than 40 3.ineal feet of lakeshore and special conditions set , forth by the City in the use of the public right-of-way. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shal 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. . 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resol.ution in the chain of title of the property. s Page 3 of 5 . •� - �� . �;�j� C�t o� ORONO � �,� 3' .. • �:� �'�,� RESOLUTION OF THE CITY COUNCIL ��; • �`� NO. 1886 <s-i,:. • ' • • �' t Adopted by the Orono City Council on this 25th day of Nov lber, 1985. � ATT $T: . ��`�?':�� - . . rothy . Halli , City Clerk Mary C. Bn�I�r, Mayor ' v d� a . . . . 1) Prop y O � �( i � ��'-�-�� . Page 4,' of 5 � • _� Form 41486. 4 • � ,..- • STATE OF MINNESOTA ) ' ; ) ss . (Corporate Acknowledgment) ; COUNTY OF HENNEPIN ) � � - � The foregoing instrument was acknowledged before me this �� day of G�Q�� , 1986, by .t � ��i� � �h� � , � � ' - � (Title) i z°.��2�� ,.��- � (Name of Corporatio • a P�Ii�nnesota Corporation on behalf of the corporation. .� �t . ; . - ..�...._ ��n��..��.� � � �""� JOHN R. OERHARDSON • NOTARY PUBLIC-MINNE&OTA NO RY PUBLIC • t , MO/HE�N�ei NtO�,Eb� 3 �v Z� av � • MY COMMISSION EX IRES F This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 386. 77. ' State Deed Tax Due Hereon: Exempt � � ; , This instrument was arafted by: : City of Orono P.O. Box 66 . � Crystal Bay, MN 55323 � 473-7357 � , � • r.4- F,. -.: • . _ ..�.,..,..,..,....-....�.,� �I�SC�Atia�a .A NNf�I� aT02�Ni1lM-aL18U� YAAi4iw �T6iUA� t31q33AW 4aY�+�MIc'�'�� • •