HomeMy WebLinkAboutResolution 1983 . - ��. , .
�. d Clt o� ORONO
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. • � RESOLUTION OF THE CITY COUNCIL .
� � NO. 19 8 3 .•
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. A RESOLOTION GRANTING A PERMIT �
, FOR THE PRIVATE IIS13 OF THI� '
, RIGHT-OF-WAY OF FERNDALE ROAD
PER MQNICIPAL CODE SECTION 12.07
' FII,E NO. 972
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, WHEREAS, Shaver Corporation of Wayzata, a Minnesota Corporation,
(herinafter "the applicant") is the owner of the property located at 1080
�+ Ferndale Road West within the City of Orono (hereinafter the "City") and
.,� legally described as follows: �{
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; 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 Northwester"ly
along the Northeasterly line of said Lot 6 a distance of 40 feet ,
; to the point of beginning of line to be described; thence
Southwesterly parallel with the Southeasterly line of said Lot 6
to the Southwesterly line of said Lot 6 and said line there
i • terminating, and that part of Lot 9 , North Shore Cottage Acres,
Lake Minnetonka, described as follows: Commencing at the
Northwest corner of said Lot 9; thence South along Westerly line
. 25 feet; thence at an angle Southeasterly parallel with the
Northeasterly line 25 feet; thence at right angles Northeasterly
parallel with Westerly line 25 feet to Northeasterly line also
, being the County Road; thence Northwesterly to point of •
beginning, (hereinafter "the property" ) ; and
� WHEREAS, per Section 12.07, the applicant has applied to the City
; for a permit to allow the installation of a residential dock on an unused
portion of Ferndale Road West adjacent to applicant's submerged riparian
; 'lot (P.I.D 02-117-23 43 0011 ) .
' NOW, THBREFORE, B13 IT R$SOLVED, by the City Council of Orono,
� Minnesota:
� FINDINGS
, l. The application was reviewed as part of Zoning File No. 972.
�' 2. On November 25 , 1985 , the Orono City Council (hereinafter
"Council " ) granted a conditional use permit to the applicant
� (Resolution .#1886 ) approving the installation of an accessory
structure on a substandard riparian lot that can not sustain a
• principal structure. A condition of that approval required that the
applicant execute a special lot combination recognizing the proposed
pattern of .use and historic ownership relationship between the
homestead and riparian lots separated by Ferndale Road West.
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� d Cit o� ORONO
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� RESOLUTION OF THE CITY COUNCIL
M � NO. 1983 ,
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'° •3. The Counci 1 reconf irms and once again adopts the specia 1 f indings
`..�j noted in Resolution #1886 for this permit review.
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� 4. Council wishes to restate the following specific findings in
�' granting the permit for this unique property:
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�� a) The applicant's property consists of 2 separate parcels
a divided by a public road. The properties can not be legally
`� combined.
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`� b) The riparian tract was created in 1945 prior to the adoption
:, by the City of formal subdivision regulations, the riparian tract
' is substandard per current zoning standards.
c) The properties are divided by a 66 foot public road right-of-•
�� way. .
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�:� • d) The origina 1 owner of the property, Henry Skarp, created the
riparian tract specifically to provide riparian access for .the
` interior Lot 6.
e) The two properties have been recognized as one unit on a
` Certificate of Title for several years. �
f) The City of Orono staff has considered the property riparian
' to Lake Minnetonka and has advised the previous and current owner
° as such.
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� g) The proposed private use of the unused portion of right-of-way
,; of Ferndale Road West wil 1 not conf lict with the public's use of
'�� the roadway or create hazards in the public use of the road
{ right-of-way.
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� 5. The Council has considered this application, reports by staff, the
written and ' oral comments of the applicant and applicant's agents and
the effect of the proposed use on the health, safety, and welfare of
. the community.
C
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� 6. The Council finds that granting a permit for the proposed private
� use of a public property will not be detrimental to the hea•lth,
` safety, or general welfare of the public, nor pose a fire hazard or
other danger to neighboring property, is necessary to preserve a
: substantial property right of the owner; 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 C�t o� ORONO
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� RESOLUTION OF THE CITY COUNCIL �� .
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.;��' � . � N�.. .. 1983 ._ . � . .. : _._1 _ ,
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t CONCLIISIONS, ORDER AND CONDITIONS
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�; Based upon the above findings, the Orono City Council hereby
; grants a- permit per Section 12.07 of the Municipal Code to permit the
' installation of a residential dock on the unused portion of Ferndale Road
�� West subject to the following conditions:
p` l. Owner is placed on notice that the City is granting a provisional
!: pe:rmit by which the City retains the right to ask for removal of said
;" . do�ck if the improvement of Ferndale Road West is realized and the
; ex��ense of the removal of said dock shall be borne by the ownez.
:; 2. Dock structure shal 1 not extend into dry shoulder area of right-of-•
.� Wa�.
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' • 3. Applicantmust apply to the City of Orono for a building permit
pr�!or to the construction of said dock. Applicant must also provide
, approval by the Lake Minnetonka Conservation District of the plans for
dock construction and placement.
.d � .
4. Pede�strian access to dock allowed only. Future users of the dock
� may not park automobiles or other mobile vehicles within the used
� right-of-way of Ferndale Road West.
5. The undersigned shall indemnify and hold harmless the City, the
� City Council, and agents and employees of the City from and against
! all claims, damages, iosses or expenses, including attorney fees,
�� which the City, City Council and agents and employees of the City may
'. suffer or for which it may be held liable, arising out of or resulting
; from the assertion against them of any claims, debts or obligations in
=i consequence of the applicant's proposed private use of the unused
, portion of Ferndale Road West.
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� Adopted by the Orono City Council on this 14th day of April ,
i 1986.
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� AT ST:
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- othy M alli , City Clerk Mary . tler, Mayor
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, (1 P operty e
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' ' ' Form 41486. 4 •
� RESOLUTION 1983
STATE OF MINNESOTA ) '
: ) ss . (Corporate Acknowledgment)
COUNTY OF HENNEPIN )
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"- The foregoing instrument was acknowledged before me� this
�` �� d ay o f ��`�`-'`�� ► 19 8 6, by
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' �.Z./.��.c � � f}-- (T i t 1 e) .
� . ��'L �e�-..r�-�
. ' (Name of Corporation
• a t�linnesota Corporation on behalf of the corporation.
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�''� OHN R. dERHARD30N �"�'� �����
� �QtARY PUBLIQ-MINNE80TA NOTAR PUBLIC •
�NE�NNE�PIN�CO�N��
_ . � 1o/z �/�� �
�� MY COMMISSION EXPIRES
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 drafted by:
City of Orono
P.O. Box 66
: Crystal Bay, MN 55323 .
y 473-7357
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