HomeMy WebLinkAboutResolution 2442 ,
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�f����� RESOLUTION OF THE CITY COUNCIL
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^�, • NO. 2442
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A -RESOLDTION GRANTING
VARIANCES `TO �
MUNICIPAL ZONING CODE
, SBCTIOld I0..41, 'SIIBDIVISION 5,
SECTION 10.41, 'SDBDIVISION 7 (A), (3)
S$CTION 10.41, SOBDIVISION 9 (B) ,
'SECTION 10.'41., SDBDIVISION 10 �(D) ,
SECTION 1"0.41, SOBDIVISION 10 (C)
SECTION 10.03, SDBDIVISIOYJ 6 (B)
FILE #12fi3
WHEREAS, James P. Rivers, the owner of Windward Marine, Inc.
(hereinafter "the applicant") is the owner of the property located at 1444
Shoreline Drive within the City of Orono (hereinafter "City") and legally
described as follows:
• See Exhibi� A, attached.
�rIHERBA'S, the a,pplicant has filed a commercial site plan for
approval by the City and •has applied for multiple variances to permit the
major upgrading of the marina property that would propose removal of the
two existing structures and the installation of one 50' by 90' commercial
building located on the Tanager Lake side of the property and a gazebo with
grass picnic area on the Brown's Bay side. Such improvements would require
the foTlowing variances: •
� Sec"tion 10.41, Subdivision 5 Farking stalls, variance required - .
� Required = 77 stalls
� Existing = 76 stalls .
{ Proposed = 73 stalls
; Variance = 4 stalls or - .05� .
' �parking area .separated by public roadway -
Tanager Lake side = 47 stalls
Brown' s Bay side = 26 stalls)
Section TOe41, Subdivisi:on 7 (A? , (3) Variance is sought to the required
T0' Tandscaginc� buffer -adjacent to roadway-
Required = 50' (�maximum allowed break in landscaping for access
purposes) �
Propvsed = 60 '
Variance = 10 ' '
�Section 10.41, Subdivisi.on 9 (B)
l. Lakeshor�e setback r�equired for :commerical structure on Tanager Lake
side-
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• RESOLUTION OF THE CITY COUNCIL
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Required = 75 '
Existing = 55'
Proposed = 36 '
Variance = 39 ' or 52�
2. Required side yard setback for commercial structure-
Required = 10 '
Existing = 14 '
Proposed = 9 '
Variance = 1 ' or 10�
Section 10.41, Subdivision 10 (D) Hardcover variance is required for new
construction-
Tanager Lake side- �
0-75' setback area
Allowed = 0
• Existing = 8,720 s.f. or 96.8�
Proposed = 6,376 s.f. or 70�
75-250 ' setback area �
Allowed = 25$ �
� Existing = 9,700 s.f. or 100�
Proposed = 9,110 s.f. or 94�
Total reduction on Tanager Lake side of 2,934 s.f. of hardcover.
Brown's Bay side-
0-75 ' setback area
Allowed = 0 �
Existing = 4,400 s.f. or 48$
Proposed = 3, 900 s.f. or 43�
75-250 ' setback area
Allowed = 25�
Existing = 9,700 s.f. or 100�
Proposed = 4,375 s.f. or 45$
Total reduction on Brown's Bay side of 5,825 s.f. of hardcover.
Total hardcover removed = 8,759 s.f. or 23.9� hardcover.
Section 10.41 , Subdivision 10 (C ) Street setback required for nec�
commercial structure-
Required = 50 '
Existing = 8 ' �
Proposed = 10 '
Variance = 40 ' or 80�
•Section 10.03, Subdivision 6 (B) - Seeks a variance for credit of principal
structure on property divicled by a public road to permit construction of
the gazebo, an accessory 5tructure..
NOW, THEREFORE, B� IT RESOLVED by the City Council of Orono,
� Minnesota:
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<� �� RESOLUTION OF THE CITY COUNCIL
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' FYNDINGS .
1. This application was reviewed as Zoning File #1263.
2. The property is located in the B2 Lakeshore Business District.
3. The Orono Planning Commission reviewed this application on May 16,
1988, and recommended approval of .the proposed variances based upon
the following findings and hardships:
A) The total hardcover removed as a result of those improvements
will be 8,759 s.f. or 23.9$. �
B) The removal of the two commercial structures and the
replacement with just one structure wil 1 result in a less intense
commercial use of this severely limited property.
C) The area on Brown's Bay side will be designed for outdoor
picnic use by the members of the marina. The storage structure
• will be replaced with an extensive green landscaped area with a
gazebo.
, D) Access will be better defined with the curbing on both sides
of the street where access would now be provided to designated
• parking areas.
E) The applicant has proposed a better control of drainage and
treatment of run-off with this proposal.
F) The new proposal will provide far more green area than the
_. present facility.
G) The property has sustained a marina use for over 25 years.
� - 4. The City Council .has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicant and the effect of the proposed
. variance on the health, safety and welfare of the community.
� 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 variances would
; not adversely affect traffic conditions, light, air nor pose a fire
; hazard or other danger to neighboring property; would not merely serve
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� - RESO�UTION OF THE CITY COUNCIL
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: ��t` 2442
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:...:.�:. • ..... as a convenience. to..the applicant, but is necessary to allev.iate 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. . . :...�'
CONCLIISIONS, ORDER AND CONDITIONS
, Based upon one or more of the findings noted above, the Orono
City Council hereby grants approval of the above referenced variances to
permit the major upgrading of the commercial lakeshore property known as
Windward Marine, Inc., based on plans drawn by Rutledge Construction, Job
No. J6158, revised da�te 4/4/88, Sheet 2 (A) that outlines a three year
phase improvement of both the Brown's Bay and Tanager Lake sides of the
� commercial property, subject to the following conditions:
� • 1. Prior to issuing a building permit for new construction and/or
issuing a demolition permit for the razing of the existing structures,
. the following must be completed by the applicant:
� A) Approval by the City Engineer of the final drainage and .-
� surface run-off plans for the parking areas.
: b) Site plans to be amended to include a green area south of the
: crane location on Tanager Lake shoreline. . .
C) Applicant shall submit a Developer's Agreement with an
: acceptable form of security, written at 150$ of the cost of
; required improvements, to insure the completion of certain land- _
scape and site improvements required by the City as a result of
� the upgrading of this property. Prior to the City issuing a
; building permit for either the Tanager Lake side or the Brown's
Bay side construction, the applicant must provide a separate
4 Developer's Agreement with apropriate security for each phase of
� ; the construction.
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} 2. Payment of two SAC units at $1,100.00 ($550.00 per current unit
� charge), to be paid with the building permit for the construction of
� the commercial structure.
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; • 3. The 50' by 90' commercial structure must be provided with an
' automatia sprinkler system per State Buildng Code, Appendix E.
� 4. An appropriate soi 1 erosion contro 1 program sha 11 be maintained
; throughout the entire project and until permanent erosion control is
_; in effect.
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��'`�` R�SOLUTION OF THE CITY COUNCIL
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"� NO. 2442
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. .5. .�. App.licant shal l work with .the Hennepin County..Highway Department .
of Transportation to pursue the possibility of a crosswalk between the
two commercial portions of the facility on Tanager Lake and Brown's
Bay.
6: • Applicant shall provide 6 "year round" parking stalls on the south ��
side of the existing and proposed structure on Tanager Lake to assure
: adequate customer parking space during winter boat storage months.
� 7. Authorities granted with this resolution run with the property not
: with the applicants, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or this variance will expire on that date (June 13,
• 1989 ) .
: • 8. �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 punishalile as a misdemeanor.
� 9. 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 13th day of June, 1988.
ATT T: .
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oth allin City Clerk James R. Grabek, Mayor
Edward Callahan, Jr. , Acting Mayor
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� Property Ow (s)
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� ' RESOLUTION OF THE CITY COUNCIL
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; � NO. 2442
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STA INNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �� day of �� �.R�r' , 198 �
before me Notary Public within and for said county, personaYly
appeared �(,�in,e� �-- ). ��'l,�p�✓SS known to me to be
the person(s) described in and whv executed the foregoing
. instrument, and acknowledged that he (they) executed the same as
� his (their) free act and deed.
- s
- THEREBA L NAAB NOTARY PUBLIC
" r M'�fARY PUBUO�MINNESOTA
- � H�NNEPIN COUNTY
s �oo�rm�ton�xPiros as-s2
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MY COMMISSION EXPIRES
- STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) .
On this day of , 198 , before me
a Notary Pub�ic 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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. Resolution #2442
� EXHIBIT A
That part of Government Lot t, Section 11, Township 117, Range 23, described as follows: Comnencing at the meander corner on the North line
of said Government Lot 1; thence South 10 degrees East (assuming the North line of said Government Lot 1 as bearing East and 4lest) a distance
of 647.23 feet to a point hereinafter referred io as "point A"; thence continuing South f0 degrees East a distance of 117.65 feet to the actual
point of beginning; thence South 67 degrees 48 minutes West to the shore line of Tanager Lake; thence t�ortherly along said shore line to a line
bearing South 67 degrees 48 minutes Nest from said "point A"; thence North 67 degrees 48 minutes East to the shore line of Lake Minnetonka;
thence•Southerly along the shore line of Lake Minnetonka to a line bearing North 67 degrees 48 minutes East from the actual point of beginning;
thence South o7 degrees 48 minutes Nest to the actual point of beginning; which li?s Northwesterly of a line drawn parailel with and 65 feet
Southeasterly from the Northwesterly line and its extensions of the above described tract, according to Lhe Government Survey thereof,
That part of 6overrx�ent Lot i, Section 11, Tormship 117, Range 23, described as follows: Cortmencing at the meander corner on the North line of
said Government Lot 1; thence South 10 degrees East (assuming the North line of sa:d Government Lot 1 as bearing East and Nest) a distance of
647.23 feet to a point hereinafter referred to as "point A"; thence continuing South 10 degrees East a distance of ii7.o5 feet to the actual
point of beginning; thence South 67 degrees 48 minutes Mest to the shore line of Tanager Lake; thence Northerly along said shore line to a line
bearing South 67 degrees 48 minutes Nest fran said "point A"; thnnce North 67 degrees 48 minutes East to the shore line of Lake Minnetonka;
thence Southerly along the shore iine of Lake Hinnetonka to a line bearing North 67 degrees 48 minutes East from-the actual point of beginning;
thence South 67 degrees 48 minutes Nest to the acival point of beginning; except that part of the above described tract Nhich lies Northwesterly
of a line draxn parallel with and 65 feet Southeasterly fran the Northwester!y line and its extensions of the abnve described tract, according
to the Goverrvnent Survey thereof; .' . �
That part af Government Lot 1. Section 11, Township 117, Range 23, described as cortmencing at the meander corner on the North line of said Gov-
ernrtient Lot 1; thence South 10 degrees East (assuning *_he North line of said Government Lot 1 as bearing East and Nest) a distance of 764.88
feet to the actual point of beginning; thence North 67 degrees 48 minutes Eas: to the shore of Lake Minnetonka; thence Southeasterly along
said shore to its intersection with a line bearing North 67 degrees 48 minutes East fran a point which ?s on a line bearing Soutn 10 degrees
� East and distant 61.39 feet from the actual point of beginninq; thence South 6i deqrees 48 minutes Nest to the shore of Tanager Lake (fortnerly
Mud Lake)� thence Northwesterly along the shore of 7anag?r lake to its intersection with a line bearing South o7 degrees 48 minutes Nest from
the actual point of beginning; thence North 67 degrees 48 minutes East to thP actua] point of beginning, according to the Government Survey thereof,
That part of Government Lot 1, Section 11, Township 117, Range 23 described as cormnencing at the meander corner on the North line of said Gov-
ernment Lot 1; thence South 10 degrees East (assuming the North line or said Government Lot i as bearing East) a distance of 585.&4 feet to the
point of beginning of the land to be described; thence continuing South 10 deoress East a distan=e of b1.39 feet; thence North 67 degrees 48 min-
utes East to the shore line of Lake Minnetonka; thence Northwesterly along said shore line to the intersection with a line bearing North o7 de-
grees 48 minutes East from the point of beginning; thence South 67 dearees 4h minu:es W?st to the point of beginninq, according to the Govern-
ment Survey thereof, ..
That part of Government Lot t, Section 11, Township 117, Range 23 described as cor.r�encing at the meander corner on the t�orth line of said
6overnment Lot 1; thence South 10 degrees East (assuming the North line of said Government Lnt 1 as bearing East and West) a distance of
826.27 feet to the actual point�of beginning; thence North 67 degrees 48 minutas East to the shore of Lake Minnetonka; thence Southea�terly
along said shore 60 feet, more or less, to an intersection Nith a line bearing �lorth 67 degrees 48 minutes East from a poin: whlch is on a !ine
bearing South 10 degrees East and distant 61.39 feet fran the actual point of beginning; th?nce South a7 d�grees 48 minutes Nest !o the shore
of Tanager Lake (formerly Mud Lake); thence Norihwesterly along the shore of Tanager Lake to an iniersection with a lIne bearing South 67 d2q;ees
48 minutes Nest from the attual point of beginning; thence North 67 degrees 48 minutes East to the actual point of beginning, according to the
Government Survey thereof, . � ' .
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