HomeMy WebLinkAboutResolution 1906 ^ :
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: d C�ty o� ORONO �
• _. .. RESOLUTION OF THE CITY COUNCIL
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� NO. 1906
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A RESO�LUTION GRANTING A VARIANCE
TO MDNICIPAL ZONING CODE SECTION 10.55, SDBDIVISION 8;
AND A CONDITIONAL IISE P$RMIT
-- - " - TO MUNICIPAL ZONING CODE SECTION 10.03-, SIIBDIVISION 19 '"_ _
FILE #992
' WHEREAS, The City of Orono (herein-after "the City") has made
application for a variance per Section 10.55, Subdivision 8 to fill and
grade within 75 feet of the lakeshore and per Section 10.03, Subdivision 19
seeks a conditional use permit for the alteration of the Spates Avenue Lake
Access located within the City of Orono.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota: �
• FINDINGS -
l. This application was reviewed as Zoning File #992.
2. The property is located in the LR-lA Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on
December 16, 1985, and recommended approval of the proposed variance
to permit grading and filling within 75 feet of the lakeshore per
Section 10.55 , Subdivision 8 ; and recommended approval of a
conditional use permit for the alteration of the lake access per
Section 10.03, Subdivision 19 based on the following findings:
� A) The proposed improvement will result in greater safety for
users of the lake access.
B) The proposed improvement will facilitate access off lake.
4. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variance would not
adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring properties; would not merely serve as a
convenience to the City, but is necessary to alleviate a demonstrable
• hardship or difficulty; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
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d Clt o� ORONO
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• RESOLUTION OF THE CITY COUNCIL
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� NO. 1906
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5. The City Council finds that granting a conditional use permit �
to allow the alteration of the lake access will not 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 continued use of the property wil 1 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 variance to Municipal Zoning Code Section
10.55, Subdivision 8 to� allow grading and filling within 75 feet of the
lakeshore and grants a conditional use permit per Section 10.03 ,
Subdivision 19 to permit the alteration of the public access subject to the
following conditions:
l. City to use all necessary erosion control measures prior to and
after improvement.
2. City to work with adjacent marina operator in order to remove all
obstacles deemed hazardous to safe use of public access.
3. Authorities granted by this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
" application for a building permit within one year of the date of
Council approval , or the special coditions of this resolution will
expire on that date (January 13, 1987).
4. Violation of or non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shal 1 be punishable as a misdemeanor.
5. The undersigned agplicant 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
resolution in the chain of title of the property.
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Clt� o� ORONO
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. RESOLUTION OF THE CITY COUNCIL
H NO. 1906
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Adopted by the Orono City Council on this 13th day of January, 1986.
ATT ST: � .
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. ..�/ Guw�
D rot y a in, ity Clerk Mary C Butler, Mayor
= Adams, Acting Mayor
1 P ty Owner
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