HomeMy WebLinkAboutResolution 4276 � .
%/ O�?
� ' V
O O
�b. - CITY of ORONO
� �
�� G'� RESOLUTION OF THE CITY COUNCIL
�9kESH�4�' N0. � � '�� �
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZO�IlVG CODE
SECTION 10.22, SUBDIVISIONS 1 AND 2
AND SECTION 10.56, SUBDIVISION 16 (L)
FILE #2473
WHEREAS, Matthew B. Herman (hereinafter "the applicant") is owner of the
property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and
legally described as follows:
Lot 2, Block 3, CRYSTAL BAY VIEW, according to the recorded plat thereof,
�3ennepin County, Minnesota; and
That part of Lot 2, lying west of a line drawn across it midway between the East and
West lines thereof, Lot 3 and the North 45 feet of Lots 28 and 29, Block 7, CRYSTAL
BAY VIEW, Hennepin County, Minnesota, according to the recorded plat thereof,
Hennepin County, Minnesota, (hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on April 19, 1999, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (L) to
pemut the construction of a 263'x4' catwalk structure across an undeveloped City right-of-way
(Cherry Ayenue) and a wetland for the purposes of gaining access to North Arm Bay of Lake
Minnetonka.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
Page 1 of 5
. �
� 0—�
/� �
O O
,s. " �ITY of OROND
� �
�'.� G'� RESOLUTION OF THE CITY COUNCIL
�9kESH�4��' NO. �z `,�.' `� �
1. This application was reviewed as Zoning File #2473.
2. The property is located in the LR-1C Zoning District, where 1/2 acre or 21,780
sq. ft. is the minimum lot area. The property consists of .73 acres or 31,767 sq.
ft.
3. The Planning Commission reviewed this application on April 19, 1999 and
recommended approval on a vote of 5 to 1.
4. The Planning Commission made the following findings of fact:
A. The portion of Cherry Avenue that the walkway would cross is
undeveloped and is entirely within the wetland or below the 929.4'
lakeshore elevation and will not be developed.
B. A previous property owner acquired the 50' wide Lot 2 for riparian rights
to North Arm Bay of Lake Minnetonka. The lot has been combined
with the existing residential lot which is a conforming lot in lot area.
C. The proposed dock would allow 1 slip per 50 feet of lake frontage.
D. There is no adverse impact on adjoining property owners. The property
to the east contains a similar structure. �
E. Approval is subject to outside agency review. The DNR has stated a
new pernut would be required for the structure. The applicant is advised
he should file the appropriate documentation for a permit. The previous
permit issued in 1990 has expired.
F. Additional variances are required for hardcover than were required in
1990 as a result of the adoption of the Shoreland Ordinance in 1992.
5. 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
Page 2 of 5
��`�
%� O,�.
O O
��. - CITY of ORONO
� �
�� G'�' RESOLUTJON OF THE CITY COUNCIL
t`9If p44' N O. � � r�� '�-�
\ ESH
pose a fire hazard or other danger to neighboring property; would not merely
serve as a convenience to the applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial
property right of the applicant; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the City.
6. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicant and the effect of the proposed variance on the health, safety
and welfare of the community.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and Section
10.56, Subdivision 16 (L) to permit the construction of a 263'x4' catwalk structure across an
undeveloped City right-of-way (Cherry Avenue) and a wetland for the purposes of gaining
access to North Arm Bay of Lake Minnetonka. Approval was subject to the following
conditions:
1. Authorities granted by this variance 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 this variance will
expire on that date (April 26, 2000).
2. 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 shall be punishable as a
misdemeanor.
3. 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 resolution in the chain of title of the
property.
Page 3 of 5
�--
,,�, o�.
O o
�, - CITY of ORONO
� �
�',� G'� RESOLUTION OF THE CITY COUNCIL
L9kESH�44' NO. �� ;� c �::i
�
Adopted by the Orono City Council on this 26th day of April, 1999.
ATTEST:
� ��
� � ���
ti
,� G� �'�-_ \:=.�_
Linda S. Vee, City Clerk Gabrie Jabbour, Mayor ''``-'
, �
� �
/ �f��-,'�_, • - '
Property Owner(s)
STATE OF MINNESOTA )
) ss.
COLTNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 26th day of April,
1999, by Gabriel Jabbour and Linda S. Vee, Mayor & City Clerk of the City of Orono, a
Minnesota municipal corporation and said instrument was executed on behalf of the City.
�---�-�.�.,�--..:�.�.��� �.�:�.. �, � ��nJ �.
,-
�{ ��;, MARYANNJOh�S�N �j Notary P �lic �'
�o_:-�; NOTARY PUBLIC-MINPJESOTA
.,,,�.� My Commission Expires Jan.31,2000 d
....�;.� :
Page 4 of 5
•� �
��--
�� ��
0 0
�e. - C ITY of ORONO
� �
�'.� G'� R�SOLUTION OF THE CITY COUNCIL
� � F� n
L9kESH�4�4' N 0: -
�
STATE OF NffNNESOTA )
) ss.
COLJNTY OF HENNEPIN )
On this 3Gf-h day of ��rZ� ( , 199`� before me a Notary Public within and
for said county, personally appeared �7 Q -E-f�, e � 8. {�F;r I?7��, 5�'r� ��
known to me to be the person(s) described in and who executed the foregoing inst ment,and
acknowledged that he (they) executed the same as his (their) free act and deed.
�, � -� � � �
4 MARY ` q � � '/ � (�'��c% c ; ,2��Z--
t� ;,�� ANN JOHh'SON
�` �� My Comm�isslo�BLIGMINNESOTA NOTARY�'1'UBLIC -
°^��' G
�P��es Jan.31,2000
:'�??:r��,,..._,,_, �_�'�;-�-=--.���-�,:-:.�
STATE OF NIINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this day of , 199_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.
. NOTARY PUBLIC
Page 5 of 5