HomeMy WebLinkAboutResolution 2255 � � ,
�� Cit o� ORONO
� �
• � RESOLUTION OF THE CITY COUNCiL
� NO. 2255
• � • • A R$SOLIITION GRANTING
A VARIANCE TO
MiTNICIPAL ZONING CODE
SECTION 10.22, SIIBDIVISION 2 AND
SECTION 10.55, SIIBDIVISION 8
AND CONDITIONAL DS$ PERMIT PER
MUNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 19
FIL$ #1180
WHEREAS, Charles and Candice Nadler (hereinafter "the
applicants" ) are the owners of the property located at 2509 Kel ly Avenue
within the City of Orono (hereinafter °'City") and legally described as
Tract B, Registered Land Sur,vey No. 1428, Hennepin County, Minnesota
(hereinafter "property"); and
WHEREAS, the applicant has made application to the City of Orono
to permit filling and grading within 75 feet of the lakeshore where this
type of land alteration is not permitted.
NOW, THEREFORE, BE IT RESOLVLD by the City Council of Orono,
• Minnesota:
FINDINGS
, 1. This application was reviewed as Zoning File #1180.
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 August
17, 1987, and recommended approval of the proposed variance for
grading work within the 0-75' lakeshore setback area per Zoning Code
Section 10.22, Subdivision 2, and Section 10.55, Subdivision 8, and
per Section 10.03, Subdivision 19 grants a conditional use permit to
allow filling and grading of approximately 50 to 100 cubic yards of
earth within a 22 feet area parallel to the shoreline, based on the
following findings: '
A) Soil erosion along the shoreline banks will continue if rip
rap is not repaired.
B) There wi 11 be a gap between the heaved soi 1 and the damaged
rip rap if this area is not filled in.
� C) The grading work will enhance the safety and usability of the
yard area.
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� � Ci.t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2255
• • • •
D) The trees that have been heaved due to the ice pressure will
not be affected by the proposed grading work.
5. The City Council finds that the conditions existing on this pro-
perty 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 applicants, but is necessary to al leviate 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
allow the grading work near the shoreline 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 wil 1 it depreciate surrounding property
values and that the proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning Code and
Comprehensive Plan of the City.
COIJCI�DSI011TS, ORDffi2 AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants a variance to Municipal Zoning Code Section 10.22,
Subdivision 2, and Section 10.55, Subdivision 8 to allow grading work
within the 0-75' lakeshore setback area and grants a conditional use permit
to the applicants per Section 10.03 , Subdivision 19 for the land
alterations described above, subject to the following conditions:
l. Applicants shall instal 1 appropriate erosion controls prior to ariy
land alterations within the lakeshore yard.
2. 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 land alteration permit within one year of the date
of Council approval, or the special conditions of this resolution will
expire on that date (September 14, 1988).
3. 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
shall be punishable -as a misdemeanor.
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� C�t� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2255
• - • •
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4. The undersigned applicants have read, understood and hereby agrees
to the terms of this resolution and on behalf of themselves, their
heirs successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
Adopted by the Orono City Council on this 14th day of September,
1987.
ATT �T:
�
� � '
� orothy M allin, City Clerk Jam . G , Mayor
r
Pro `rty Owner(s) °•° �
• .
_-_�-- - � '" - -
,
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� ` Clt� o� ORONO
� RESOLUTION OF THE CITY COUNCIL
� NO. 2255
• - • •
STATE OF MINNESOTA )
) ss. ,
COUNTY OF HENNEPIN )
On thi s f( �� day of �������2 , 19 8� �
before me a Notary Public within anc�,�qr s`� county, personally
appeared C �7�1� i� � /� � �-�
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 nd deed. ,
��� ��vTHau t�a� �Hr�� ,
HENNEPIN•COUNTY OT RY PUBL
'►�•� My,oort�m�s�lon�&�
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MY COMMISSION EXPIRES
STATE OF MINNESOTA )
�Lc..�-.s )S S. '
COUNTY OF �i�;NN°� )
On this (�� day of S$����'� , 198�, before me
a N tary Public within and for said County, personally appeared
��w•(CS �_ r�..�c t-� 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. ,
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NOTARY UB C
���'!h'„� ��I;GLAS S. i:eNi'JEDY
�`�-�:.-��� RAMS�Y tGUNTY
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'�: �,�p�%� NOTARY FUBLIC—MIN;d:SOTA
"''�:'t���'%' M�.commission expires 2.18-92
MY COMMISSION EXPIRES
� . .
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