Loading...
HomeMy WebLinkAboutResolution 2174 � ^M�� ` � � , F clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 217 4 � ' • • • • , A RESOLUTION GRANTING A CONDITIONAL DSE PERMIT TO MUNICIPAI, ZONING CODE SECTION 10.03, SIIBDIVISION 19 AND SECTION 10.55, SIIBDIVISION 9 (B) (3) AND VARIANC]3S TO MONICIPAI� ZONING CODE SECTION 10.22, SIIBDIVISION 2 AND SBCTION 10.55, SIIBDIVISION 8 FILE #1131 WHEREAS, Guenther and Gertrud Noelting (hereinafter "the applicants") are the owners of the property located at 1060 Tonkawa Road within the City of Orono (hereinafter "City") and legally described as Lot 1, Block 1, Ryanwood, Hennepin County, Minnesota (hereinafter "property") ; and -, WHEREAS, the applicants have made application to the City of - Orono to permit the installation of a permanent dock per Section 10.03, • Subdivision 19 and Section 10.55, Subdivision 9 (B) ( 3) and variances to Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to allow the excavation of the lakeshore to permit the construction of the support/foundation structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1131. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The property is approximately 1. 00 acre in area. 4. The Orono Planning Commission reviewed this application on April 20, 1987, and recommended approval of the proposed variances to permit excavation within the lakeshore protected area where none is allowed per Zoning Code Section 10'.22, Subdivision 2 and Section 10.55, Subdivision 8, and recommended approval of a conditional use permit per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 9 (B) (3 ) to allow the installation of a permanent dock based on the following findings: ` • A) The applicants propose no change in existing elevations or drainage. ' Page 1 of 4 . • � C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2174 � ' • - • • B) No permanent hardcover is proposed within the lakeshore protected area. C) The substructure is 5' to 6' below finished grade providing adequate area for treatment of surface runoff. D) A permanent dock with pilings had been installed in 1984 and � was destroyed within 2 years by the unusual pressure/shifting of the ice along this portion of shoreline on, Maxwell Bay. 5. The City Counci 1 f inds that the conditions exi st.ing on thi s pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect tra�fic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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 Counci 1 f inds that granting a conditiona 1 use permit to al low the installation of a permanent dock 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 proposed lev��l of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND COIaDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances per Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8 to allow the alteration of lands within the lakeshore protected area and grants a conditional use permit for the installation of a permanent dock per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 9 (B) (3) , subject to the following conditions: � . l. Dock length sections shall not exceed 6 feet in width when extended from bank or constructed over lake area. 2. Access stairs shall not exceed 4 feet in width. � • 3. Area of excavation to be backfilled with granular/sandy loam soils. The City must approve the type of soils to be used in filling. , __ - Page 2 of 4 __ _- ---- .._..�.�............_...... �..._ ..._...,__ r -- �-. ,....,..._.._.�..._,. ...,.......�_. a. ._. .___---_.,._............_.....,.,_.�,..........w...___... ...,_._��......._.___.�._...._�._......_._...._._ . , . ,. � Cit� o� ORONO � • RESOLUTION OF THE CITY COUNCIL � NO. 2174 .. � ' • ' • • 4. Authorities granted by this resolution run with the property not with the owners, 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 (May 11, 1988). 5. Violation of or non-compliance with any of the terms and condi- tions 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. � 6. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their • 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 llth day of May, 1987. � ATT ST: � D othy M. llin, City Clerk Jame R.. Grabek, Mayor � �< V�t/ ` '���%� !�(/ . � Property Owner(s) � _ • __ _ . _ __ Page 3 of 4 - : _ - _ _ . � _ - - -- __ _ - _ _ , __ _ � _ _ -_ _._ ___ __ __ . . _ _ _ _ .-- _ _ _ � -- - _ . y �� t - c�t� o� oR,oNo • ' RESOLUTION OF THE CITY COUNCIL � NO. 2174 � ' • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 19th day of Mav , 198� before me a Notary Public within and for said county, personally appeared Gertrud E. & Guenther Noelting 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. ��� NO RY PUBLIC i _ �. N,,,,g __ � ��� � 9��f�a - MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. . COUNTY OF HENNEPIN ) . On this day of , 198 , before me a Notary Public within and for said County, personal 1y 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 _•._ _ _ _ _ . _ _ MY COMMISSION EXPIRES - . Page 4 of 4 .