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HomeMy WebLinkAboutResolution 2446 $y,�.r:'_�,..:.��� ���v o� ORONO ;;���4�; _ v • ,��: � ,: ,,:;;�� RESOLUTION OF THE CITY COUNCIL ;: ;� � NO. 2446 • � • • . .. � A RBSOLQTION GRANTING A CONDITIONAL IIS$ P$RMIT Pffit MIINICIPAL ZONING CODB � � S$CTIOId 10.55, SQBDIVISION 9B (3) FII,$ #1285 WHBREAS, Eric Paulson (hereinafter "the applicant") is the owner of the property located at 2605 Mapleridge Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 7 and that part of Lot 8, SHORE HILLS, described as follows.�:� Beginning at the point of intersection of the dividing linel between Lots 7 and 8 in said SHORE HILLS with the shore of Lakei Minnetonka; �hence southerly along said dividing line to =the' • Northerly line of Mapleridge Lane in. said plat; thence� northeasterly deflecting to the left 150 degrees �25 minutes from� the last described course a �distance of 109.8 feet; thenceJj . , northerly deflecting to the left 29 degrees 00 minutes from last`I described course to the shore of Lake Minnetonka; thence; northwesterly along said shore line to the point of beginning,- - according to the recorded plat thereof, and situate in Hennepin� � County, Minnesota. � WH$REAS, the applicant has applied to the City of Orono for a Conditional Use Permit to permit the instal lation of a permanent dock per ; -Municipal Zoning Code Section 10.55, Subdivision 9B (3). NOW, THER$FORE, B$ IT R$SOLVED by the City Council of� Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1285. 2. The property is located in the LR-1B, Lakeshore Residential Zoning District, requiring a minimum of 140' of lot width, the property - consists of 250 lineal feet of shoreline. � "3.� On June 6, 1988, the Orono Planning Commission reviewed the application as proposed and recommendecl approval, finding thati a. The placement of this permanent dock 40' in length will have no adverse effect on the capacity of the f loodway or increase the f lood height of the Lake Minnetonka Watershed. Page 1 of 4 � �r'.._�.��� � �1�Y O� O�Ol \O ''Si':",:,��.'. �;. .. r/ • � RESOLUTION OF THE CITY COUNCIL x"`; � �� � NO. 2446 • � • • . . The proposed dock as constructed does not ,propose a danger to the public welfare and safety nor to the adjacent properties. c. The proposed dock will not inhibit navigation. d. The proposed dock appears to be consistent with the intent of the Comprehensive Plan and Flood Plain Management .program for the area. 4. The Ci�y Council has considered this application including the findings and recommendations of the Planning Commission, reports by staff and comments of the applicant and the effect of the proposed use on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to al low the insta l lation of a permanent dock wi 11 not be detrimenta 1 to the health, safety or generai 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. • CONCLOSIONS, ORDER AND CONDITIONS • Based upon one or more of the findings noted above, the Orono City Council hereby grants a Conditional Use Permit per Municipal Zoning Code Section 10.55, Subdivision 9B, (3 ) to permit the installation of a permanent dockr subject to the fol lowing conditions: 1. Prior to the City issuing a building permit for the permanent � dock, the DNR application must be completed and a permit issued. 2. The dock structure has been approved per the plans by Minnetonka . Portable Dredging entitled "Dock Detail", Dated 5/5/88 Sheet 1 of 1, any expansion or major alteration of this dock is subject to the review of the City of Orono. 3. Authorities granted by this resolution run with the property and not with the owner, but are permissive only and must be exercised by application for a building permit within one year of the date of Counci 1 approva 1, or the specia 1 conditions of this reso lution wi 11 � expire on that date (June 13, 1989). 4. Violation of or non-compliance with any of the terms and condi- tions of this resolution shall constitute a violation of the zoning � code, shall automatically terminate any authority granted herein, and shall be -puni�shable as a misdemeanor. • . 5. The undersigned applicant has read, understood and hereby agrees � to the terms of this resolution and on behalf of himself, his heirs, '. • Page 2 of 4 y ! � � t� Cit o� ORONO � _ �' � ��� � , RESOLUTION OF THE CITY COUNCIL ,; ,� NO. 2446 • � • • .. 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. AT T: • othy M 1 in, City Clerk Ja , Mayor perty Owner(s) � ' : Page 3 ot 4 s• ' � , k . _ ��s� = d y c�t o� oR,oNo ��::. � � _�� ' RESOLUTION OF THE CITY COUNCIL ��{��� NO. 2446 ,�,,;; ��� - • • .. � STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN � ) On this ��'�`� day of fu.h� , 198 8� • � before me a Nota y Public wit in and for said county, personally. appeared YP ,�1- Gt.w/Sa�J 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. � _�...�., �c.: O�,� .� • �,a�;'�. Patrzcia L. Petersun NOTARY PUBLIC S ss, � �VA7ARY PUBLIC - MINNESOTA � . �� HENNEPIN COUNTY �� My commission expires 7-15-93 � � - ��/S-9.3 :i MY COMMISSION EXPIRES .:i � STATE OF MINNESOTA ) . )ss. COUNTY OF HENNEPIN ) . On this f�p`� day of �1l.LYt� , 198�', before me a Notary Pub ic within and for said County, personally appeared � �✓'�'G �a-u/son known to me to be the person(s) described in and who executed the foregoinginstrument, " and acknowledged that he (the'y) . executed the same as his (their) free act and deed. ..I G:x'���c�-�J • � � NOTARY PUBLIC Patricia L. Petersun � �. NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY � � �;'` My commission expires 7-15-93 . �-�s-�� � MY COMMISSION EXPIRES Page 4 of 4