HomeMy WebLinkAbout#2642-variance/CUP-1989 � i � �
°� Cit of ORONO �
�
RESOLUTION OF THE CITY COUNCIL
• NO. 2642
� - • e
A RESOLIITION GRANTING
A VARIANCE TO
MIINICIPAL ZONING COD$
SECTION 10.55, SIIBDIVISION 8 AND
GRANTING A CONDITIONAL IISE PERMIT PER
SECTION 10.03, SDBDIVISION 19
FILE #1403
WHEREAS, Timothy R. Schupp and Richard A. Anderson
(hereinafter "the applicants") are the owners of the properties
located at 3215 and 3205 Crystal Bay Road within the City of
Orono (hereinafter "City"} and legally described as follows:
Exhibit A, attached (hereinafter "the properties"); and
WHEREAS, the applicants have made application to the
City of Orono to permit land alterations that involve filling
within the 0-75' lakeshore protected area, where none is allowed
per Municipal Code Section 10.55, Subdivision 8, and because the
filling involves more than 100 cubic yards, a conditional use
permit is required per Section 10.03, Subivision 19.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File �1403
2. The property is located in the LR-1C Single Family
Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application
on riay 15, 1989 and recommended approval of the variance and
conditional use permit as proposed by applicants, based on
the following findings:
A) The land alterations requiring fill within the
lakeshore protected area resulted from a severe storm
that eroded the original lake bank and access stairs to
the lakeshore.
B ) The repairs are necessary to complete the
restoration of the road bed adjacent to the lakeshore
property.
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� � � Cit� o� ORONO �
RESOLUTION OF THE CITY COUNCIL
� NO. 2642
• - • e
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 applicants , but is necessary to
alleviate a demonstrable hardship or difficulty; is
necessary to preserve a substantial property right of the
applicants; and would be in keeping with the spirit and
intent of the Zoning Code and Comprehensive Plan of the
City.
5. The City Council finds that granting a conditional use
permit to allow the land alterations as proposed 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 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.
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
Sections 10.55, Subdivision 8 to allow filling within the
lakeshore protected area, and per Municipal Zoning Code Section
10.03 , Subdivision 19 grants a conditional use permit to allow
filling in excess of 100 cubic yards within the lakeshore
protected area, subject to the following conditions:
l. 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 grading permit for
filling and grading within the lakeshore protected area
within one year of the date of Council approval , or the
special conditions of this resolution will expire on that
date (June 12, 1990 ).
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.
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clt� o� oRoNo �
RESOLUTION OF THE CITY COUNCIL
• NO. 2642
• - • •
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.
Adopted by the Orono City Council on this 12th day of
June, 19 8 9.
ATT ST:
� -
� � � ����ti�
D rothy Hallin, City Clerk Jam R. Grabek, Mayor
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C'�!� ���1
Pro er s)
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STATE OF NINNESOTA ) �
) ss. `
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 12th day of June, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City.
N tary Public *��, IE K. SCHEFFLER
�:�r,. , � NOTAAY Dl'8UC-MINNESOTA
����' HENNEPIN COUNTY
���;��`�'My tommission axpires6-8-93
r4y Commission Expires
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� - �. � Cit o� ORONO
�
RESOLUTION OF THE CITY COUNCIL
� NO. 2642
• � o � .
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 28th day of August , 19�
before me a Notary Public within and for said county, personal ly
appeared known to me to be
the person(s ) described in and w o executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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N 0 T,��,���C �
r"'r DO�dNA UNG-EVANS
��i.t� y N07ARY PUBL;C-MINt�ESOTA �
�� RAMSEY COUitTY �
My Cc�mission Expires June 5. 1991
MY COMMISSI'Or7'^EXPTRES^^^^�_
STATE OF AZINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this 1(j�+ day of , 19 , before me
��Nota y Public wi//-thin an for sa ' d County, persona�ly appeared
��� ,�F"���.� � /S.l��(�{�) �r,ll� k�l���� known to me to be the
person(s ) described in and who executed the foregoinginstrument,
and acknowledged that he (they ) executed the same as his
(their) free act and deed.
N TARY P BL ' '
� �T�- �U �I'c K. SCHEFFLER
��,
�� i� NOTARY PUBUC�MINNESOTA
����`�����,��;�:� IIENNEPIN COUNiY
� �`�'"�` My commi::ion �xpires6•S•93
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MY COMMISSION EXPIRES
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