HomeMy WebLinkAboutResolution 2308 ,
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� RESOLUTION OF THE CITY COUNCIL
NO. 2308
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A RESOLIITIOFI GRANTING
A CONDITIONAL IISE PERMIT
Pffit MUNICIP�iL ZONING CODE
SECTION 10.03, SIIBDIVISIOAT 19,
AIdD A VARIANCE TO
SECTIOl�1i 10.41, SUBDIVISIOId 10 (D)
AND SECTION 10.55 SOBDIVISIOYd 8 �
FILE �1224
WHEREAS, S. Byron Heimark, manager of the Minnetonka Boat Works
(hereinafter "the applicant") has an interest in the property located at
1449 Shoreline Drive within the City of Orono (hereinafter "City" ) and
legally described as follows:
North 1/2 Section 11, Township 117, Range 23 commencing at a point on
• shore of Lake Minnetonka which point is found as follows beginning at
Northeast corner of Government Lot 1 thence South 10 degrees East
836.05 feet thence North 67 degrees 48 minutes East to shore of Lake
Minnetonka then Southeasterly along shore 50 feet to point of
beginning of land to be described Southerly along shore of said Lake
to Southeast corner of Government Lot 1 thence West to shore of Mud
Lake thence Northerly along said shore to a point which bears South 67
degrees 48 minutes West from point of beginning thence North 67
degrees 48 minutes East 151 feet to beginning except road. P.I.N. 11-
117-23 22 0008 (hereinafter "property) ; and
WHEREI�S, the applicant has made application to the City of Orono
to permit the installation of a replacement boat I.ift that requires land
alterations within the Iakeshore protected area requiring a Conditional Use
� Permit per Section 10.03, Subdivision 19 and a variance per Section 10.55,
Subdivision 8 and per Section 10.41, Subdivision 10 (D) this installation
also involves the replacement of a boat lift resulting in an increase of
62.5 square feet in hardcover over the existing boat lift structure at 557
square feet for a total increase in hardcover of 619.5 square feet.
P10W, THLREFORE, BE IT RESOLVED by the City Council of Orono,�
Minnesota:
FIIaDINGS �
l. This application was reviewed as Zoning File #1224.
• 2. The property is located in the B-2, Lakeshore Commercial Zoning
District.
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� RESOLUTION OF THE CITY COUNCIL
� NO. 2308
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3. The property is approximately 2 + acres in area.
4. The Orono Planning Commission reviewed this application on
� November 16, 1987, and recommended approval of the above referenced
' variances and the granting of a conditional use permit based on the
foilowing findings and hardships:
• a) A boat Iift has existed on the commercial site f�or many years
and has served the present . facility.
b) The proposed construction will be superior to former
structure providing greater f lexibilty in use.
c) A boat lift is an intergal part of the operation of all
marinas and/or boat works.
• d) The function and use of this structure prohibits placement
out of the 75 feet lakeshore setback area.
5. 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 danager to neighboring properties; would not merely
serve as a convenience to tfie applicant, but is necessary to alleviate
a demostrable 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 Iand alteration to install the lift with the lakeshore
protected area 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.
COAICLDSIOPiS, ORDffit AND CONDITIOI+dS
Based upon one or more of the above findings, the Orono City
• Council hereby grants variances to Municipal Zoning Code Section 10.41,
Subdivision 10 (D) and Section 10.55, Subdivision 8 to allow installation
of a replacement boat lift within the lakeshore protected area and grants
a conditional use permit per Section 10.03, Subdivision 19 to allow land
alteration with the lakeshore protected areas, subject to the following
conditions:
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Cit� of ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2308
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1. Applicant is advised that in the event it is necessary to
reconstruct docks next spring as a result of this instal.lation. A
building permit must be obtained from the City of Orono prior to
reconstruction.
2. Authorities granted by this resolution run with the property not
with the owner, but are permissive only and must be completed within
one year of the date of Council approval or the special conditians of
this resolution wil 1 expire on that date (November 23, 1988).
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 owner 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.
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Adopted by the Orono City Council on this 23rd day of November,
1987 1
ATT�T:
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,
othy M llin, City Clerk Jame R. Grabe , Mayor
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Prop ` ty Oyvner(s)
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' '- �� ° RESOLUTION OF THE CITY COUNCIL
�`�� NO. 2308
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �3 r day of � "��'���r , 198 /
before me a Notar Public w' hin and fo said county, personal ly
appeared !?�'/'� % A./r �nown to me to be
the person(s) des ribed in and wh executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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THERE8A L. NAAB NOTARY PUBLIC
, �A� pug�p.MINNESOTA
• �E�NN�EPoN eC�se 9 sYs2
9-�"-9a
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 '
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