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HomeMy WebLinkAbout#2643-variance/CUP-1989 t • • , _ .:;� �� � �`� - ' ��� �{ Cit� of ORONO »� - �� •,j- �;• K �di. w RESOLUTION OF THE CITY COUNCIL e NO. 2643 ; � - � •� A VARIANCE TO MONICIPAL ZONING CODE S$CTION 10.55, SIIBDIVISION 8 AND GRANTING A CONDITIONAL DSE PERMIT PER SECTION 10.03, SIIBDIVISION 19 FILE #1403 WHEREAS, Leroy J. Erger (hereinafter "the applicant") is the owner of the property located at 3265 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WH$REAS, the applicant has 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 May 15, 1989 and recommended approval of an amended proposal approving the variance and conditional use permit, 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. Page 1 of 4 � r. �'.� � A� ::� �'' ��T �� Cit� of ORONO � � � t � t ;3 '�� �"� - ,.. , rt,.f-a`;; ; pa<,": - -s: RESOLUTION OF THE CITY COUNCIL F , NO. 2643 r , _ � �5 4. The City Counci 1 f inds that the conditions exi sting 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 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. 5. The City Counci 1 f inds that granting a conditional use permit to allow the land alterations as proposed will not be detrimenta 1 to the hea 1 th, saf ety or genera 1 we 1 f are 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. CONCLDSIONS, 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. City staff to work with applicant to resolve maximum height for exposure of retaining wall installed within adjacent road bed. 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 grading permit for filling and grading within the lakeshore protected area within o:ze year of the date of Council approval , or the special c:onditions of this resolution will expire on that date (Jur�e 12, 1990 ). Page 2 of 4 - _. - ,� . . .:; . ._ �. - • ., ��: Cit of OR,ONO � RESOI.UTION OF THE CITY COUNCIL , NO. 2643 • - s • 3. 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. 4. 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. AT T: � 1�j - , `/ } ��, � /� - �`%l/ /' — �� _ —_�1.��/"1/ Dorothy . Hall.in, City Clerk� Jame�R. Grab Y�1 � _.. _�/ j �� .� /�.� � / � � �, � 1 i�� P�`operty , �r(s,Y � STATE OF MINNESOTA ) ) 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. c Notary Public „�,s.;^; r�, LA��. E . SCHEFFLER `'��' %�t�; NOTA Y FU3LIC-MINNESOTA � HEVNEPIN COUNTY ��,° `J My commis:ion expiresb•;;-93 My Commission E ^ Page 3 of 4 . r . � ,:J�^5. 2�" M1y. � �� ��`��� Cit o� ORONO � � xF� � Y'., 7 _ �� r�_h #.� '' "=����` < RESOLUTION OF THE CITY COUNCIL ��e`:r�k. -.���� �+3� ' NO. 2643 � � - :� �.. STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �j¢;f� day of �j„� . 198q before me a tary Publ ' within and for said county, personally appeared j�f ��/N' ���_l� 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. � _ �� � NOTA Y PUBL LAL' ir . SCnEt=FLER ..��,`'4i.r�''':.��i., NOTA�Y 4UBLIC—MINNcSOTA '�:s A-- HENN�PIN COI:NTY ` My conmission expires6-8•93 MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this ��� day of ' , 198�, before me �a ot ry Pub c within and for sai County, personally appeared y , j . ���' p,f� 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 R PUB =�*„.'�:'°,;\ LAURI SCNEFFLER -`,=1..�-`..:1 NOTARY fUBLIC—MINNESOSA "= � ' HENNEPW COUNTY ::'' ,.l��,-`.� . �'�;`.:-: ' My commiss�on exp�ree6-8•93 j�M,.�. MY COMMISSION EXPIRES Page 4 of 4 � � _ . � � � $ Cit of OI�ONO � �,� � RESOLUTION OF THE CITY COUNCIL � NO. 2643 • � - • • EXHIBIT A P.I.N. 17-117-23 41 0014 Lot 2 , Block 2 , Townsite of Langdon Park, and the northeasterly 60 feet including adjacent vacated street, Hennepin County, Minnesota.