HomeMy WebLinkAboutResolution 2604 `� `�x�:'- .
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�" � zT" RESOLUTION OF THE CITY COUNCIL
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� � NO. 2604
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A RESOLOTION GRANTING
VARIANC$S TO
MUNICIPAL ZONING CODE
SECTIONS 10.55, SIIBDIVISION 8 AND
10.22, SIIBDIVISIONS 1 & 2,
AND A CONDITIONAL OSE PERMIT PER
SECTION 10.55, SIIBDIVISIONS 9 & 10
FILE #1364
WHEREAS, Edwin Gage (hereinafter "the applicant") is the owner
of the property located at 480 Tonkawa Road within the City of Orono
(hereinafter "City") and legally described as follows:
Tract A, Registered Land Survey No. 1305, Hennepin County, Minnesota
(hereinafter "the property); and
WHEREAS, the applicant has made application to the City of Orono
• to permit construction of an elevated walkway within the 0-75' lakeshore
setback zone, requiring variances to Municipal Zoning Code Sections 10.55,
Subdivision 8 and 10.22, Subdivisions 1 & 2 which disallow structures and
hardcover within the 0-75' setback zone, and a conditional use permit per
Section 10.55, Subdivisions 9 & 10 for construction of permanent structures
within the f loodway and f lood fringe districts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
l. This applicatian was reviewed as Zoning File #1364.
2. The progerty is located in the LR-1B Single Family Lakeshore
Residential Zoning District.
3. The property is approximately 5 acres in area.
4. The applicant's proposal included a walkway platform width of 6'
. in the 0-75' lakeshore setback zone. Past City Councils have as a
matter of policy waived the variance requirements for such access
structures which do not exceed 4' in p latform width, and have allowed
such structures to be permitted by City staff.
• 5. The Orono Planning Commission reviewed this application on January
17, 1989, and recommended on a vote of 4-3 to approve the proposed
variances and conditional use permit for the 6' wide walkway structure
based upon the fol lowing findings:
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� . � Cit� of ORONO
• �� _ , , �.�
RESOLUTION OF THE CITY COUNCIL
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� .t NO. 2604
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A) The proposed walkway structure is necessary to provide
reasonable access to the usable lakeshore without forcing the
property owner to cross the neighboring property.
B) The structure will maintain a low profile and is not intended
to have a railing.
C) The 6' width, while 2' in excess of the 4' width normally
allowed for such structures, is necessary for the safety of the
users of such structure, considering the extremely long 175'
length of this walkway. �
D) The structure at a 6' platform width comprises 1.8� hardcover
in the 0-75' setback zone. There is no hardcover existing or
proposed in the 75-250' zone. The proposed walkway will have no
significant impact on run-off quantity or quality.
• 6. The City Council has reviewed the facts of the application and the
Planning Commission recommendation, and finds that the proposed 6'
platform width is excessive, and that a 4' wide walkway platform will
provide for adequate user safety while minimizing the impact of
hardcover in the 0-75' zone. Furthermore, although the applicant
wishes to avoid railings where possible, railings should be allowed
for safety purposes at any location on the structure where railings
are required by the Building Code.
7. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply generally to other
�roperty 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 app licant; and would be in keeping
with the spirit and intent of the Zoning Code and Comprehensive Plan
of the City.
8. The City Council finds that granting a conditional use permit to
al low the construction of the proposed walkway with a platform width
not exceeding 4' would 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 proposea
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.
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� � . �: Ci.t� of ORONO
• RESOLUTION OF THE CITY COUNCIL
� ,,; , '
� `.. NO. 2604
• - • •
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City
Council hereby grants variances to Municipal Zoning Code Sections 10.22,
Subdivisions 1 & 2, and 10.55, Subdivision 8 and grants a conditional use
permit per Municipal Zoning Code Section 10.55, Subdivisions 9 & 10 to
allow construction of a 4' wide walkway structure in the 0-75' lakeshore
setback zone, subject to the following conditions:
1. In the 0-75' lakeshore setback zone, the maximum platform width
shall be 4 ' .
2. The platform posts may be separated by a distance of 6' in width
• for stability purposes.
3. Hardcover in the 0-75' zone is limited to the 1.2$ (280 s.f. )
associated with this structure in the 0-75' setback zone (above the
929. 4 contour line) .
4. Railings for this structure will be allowed only where required by
the Building Code for safety purposes.
5. 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 building permit within one year of the date of �
Council approval, or the special conditions of this resolution will
expire on that date (March 27, 1990).
6. 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.
7. 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.
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� � Clt� o� ORONO
• R�SOLUTION OF THE CITY COUNCIL
:'� NO. 2604
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Adopted by the Orono City Council on this 27th day of March,
19 .
AT T:
�
� ' �
o`thy . Hallin, City Clerk Edward Callaha� , Jr. , Actin ayor
�
Property Owner s %
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th
• day of March, 1989, by Edward Callahan, Jr. & Dorothy M. Hallin, Acting
Mayor & City Clerk of the City of Orono, a Minnesota municipal corgoration
and said instrument was executed on behalf of the City.
<<w'�`'"�"^ LAURIE K. SCHEFFLER 1,�
--:�"°'EZ<.4 •
'�'f`;�' �ryf�� NOTARY VUBLIC-MINNESOTA N tar uL1�.C'
�''�'��'�?' HENNEPIN COUNTY y
�".%cr:Y�„`.?`�"� My commission expires6-8-93
$ 3
My Commissi n Exgires
• Page 4 of 5
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• ��� ? �"� �`� RESOLUTION OF THE CITY COUNCIL �
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��' '� ,;` NO. 2604
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this � �.�h day of �� ► 198 1
before me a Notary Public within and for said county, personally
appeared �. C• �r�.�
known to me to be the person(s) described in and who executed the
foregoing instrument, and acknowledged that he � executed
the same as his 4-t-�e� free act and deed.
�..
• NOTA PUBLIG
Mary J.Hrdllcka
'`�= Notary Public—Minneaota
', �� f:"" Hennepin County
My Com.Exp.i-'l7-91
�-1`1-91
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �� day of � , 1981, before me
a Notar�Pu��c within and for said County, personal ly appeared
K, C . �0.�,,�, known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged thatShe (�) executed the same as �-is�
-(��) free act and deed.
. ��.�..�,c�2�, _
NOTA Y PUB I
' Mary J.Hrdlicka
�' �� Notary Public—Mtnnesota
Hennepin County
' My Com.Exp.1•'l7-97
� . I_I�_� I
MY COMMISSION EXPIRES
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