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Home My WebLink AboutResolution 2306 � i J � •� i`.�'. . ' ' Cit� o� ORONO • � �� _, 1,� RESOLUTION OF THE CITY COUNCIL ;� NO. 2306 � � � d� R�SOLDTION GRANTING A CONDITIOIdAL DS� P$RMIT Pffit MIINICIPAI� ZONING COD$ SECTION 10.03, Si1BDIVISaOPT 19 AYJD ' A V�IANCE Pffit MIINICIPAL ZONING CODE � SECTION 10.55, SIIBDIVISIOId 8 FILE #1215 WHER�3AS, Gerald E. Toberman (hereinafter "the applicant") is the owner of Smith Bay Marina located at 1955 Shoreline Drive within the City of Orono (hereinafter "City") and legally described as follows: Commencing at the intersection of the North Iine of Central Avenue extended Easterly with Easterly right-of-way line of County Road No. 7 thence Northeasterly 42 degrees 15 minutes East 120.05 feet to actual point of beginning thence South 57 degrees 45 minutes East 29.04 feet thence North 37 degrees 50 minutes East 130 feet to the intersection of North line of Grand Avenue extended Easterly thence North 59 degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15 • minutes West 131.05 feet to beginning including accretions, "ORP, PARK" ON LAKE MINNETONKA" , Hennepin County, Minnesota (hereinafter "property"); rand WH�REAS, the applicant has made application to the City of Orono . per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 8 to permit installation of 280 Iineal feet of seawall adjacent to the shoreline of the Smith Bay Marina. - NOW, THERBFORB, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1215. 2. The property is located in the B-2, Lakeshore Commercial Zoning District. ' 3. The property is approximately 0.71 acre in area. ' 4. The Orono Planning Commission reviewed this application on November 16 , 1987 , and recommended approval of the proposed conditional use permit and variance as proposed based on the following findings: - A) Seawall will allow maximum use of Iimited land area for � parking and storage. Page 1 of 4 Cit� o� ORONO • k t t .;< � RESOLUTION OF THE CITY COUNCIL � NO. 2306 ' � - • • i B) Watercraft can be closer to service area and sewage pumping facility. � C) Rip rap would require more land area to allow for the required slope from parking area to lake. D) The water quality/filtering plan is acceptable and may require less maintenance over rip rap filtering plan because wave action is eliminated. E) The site is a non-natural feature of the shoreline as property was created with filling. F) The projection of this site from natural shoreline presents unique erosion problems - seawal 1 is the most effective method. 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 applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a subs�antial 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 the seawall 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. co�acLUSZO�as, ox��x �an cormiTao�as Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and per Section 10.03, Subdivision 19 �grants a conditional use permit for the installation of seawall adjacent to the shoreline of Smith Bay Marina, subject to the following conditions: 1. Treated wood to be used for topping of steel sea�all shall be • approved by the City inspection staffe _r Page 2 of 4 .,. ^ - � y � c�t� o� .oRONO : . . • . � • � RESOLUTION OF THE CITY COUNCIL . � � NO. 2306 � � � , � . , ' - • - • • � � 2. A building permit must be obtained from City prior to the installation of seawall and new dock structure. Such dock shall meet aIl fire code regulations. Plans of dock structure must be submitted to the City for approval by the Council prior to building permit being issued by Building Department. 3. In no case shall the installation of the seawall result in any reclamation of land areas below the 929.4 elevation but shall be placed at the "normal shoreline" elevation as shown on Exhibit P, Site Plan Locating Retaining Wall, included in Orono Council Packets for November 23, 1987 meeting. • 4. 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 bui�lding permit within one year of the date of Council approval, or the special conditions of this resolution wil 1 expire on that date (November 23, 1988). 5o Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 6. 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 23rd day of November, 1987: - ATT S : � -- 4 4 / • , \ othy M. llin, City Clerk Jam s R. Grabe , Mayor • �:2.,o.�t,� �� .2.��-- Property Owner(s) , Page 3 of 4 . ., l f ♦ ♦ � � �� , � Cit� of ORONO • '�i .. . �:. . . . . � . . . . . _ .. ;,:'�,,� : RESOLUTION OF THE CITY COUNCIL NO. 2306 � , � � � � . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �-$ day of 1�� . 198 before me a Notary Public within and for said county, personaYly appeared C,F r r� l� �. �� 3�r��' ^� 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. ' ;;.:4,'.r`_� .3�'tj�?U� P;��Fso=,. 1 ��', t�u;n�:r�u.i,c_,. a C ►ShNYI COUNT�` 1'�� • DeC.� ' µ5 . �� b� uM� �ommissian exPires �,,,�...�r "'""_.-r-� 1`1-a G—I�i q d 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, 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 MY COMMISSION EXPIRES ' • . Page 4 of 4 �