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Home My WebLink AboutResolution 2642 ' r� `� � •� � � ��y �� o� oR,oNo :� �. �. c t� id..:�h� � -yTF .'. t�, i � - . �� ; T ' �� RESOLUTION OF THE CITY COUNCIL � t_ rZ�8;� - . :��:, ii .t�r' NO. 2 6 4 2 ,»., �_• � •"ja�. i'= , _.b;._�., ...Y _ . A RESOLDTION GRANTING A VARIANCE TO MIINICIPAL ZONING CODE � SECTION 10.55, SDBDIVISION 8 AND GRANTING A CONDITIONAL IISE PERMIT PER � SECTION 10.03, SDBDIVISION 19 FILE #1403 WHEREAS, Timothy R. Schupp and Richard A. Anderson (hereinafter "the applicants") are the owners of the properties located at 3215 and 3205 Crystal Bay Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the properties"); and - WH$REAS, the applicants have made application to the City of Orono to permit land alterations that involve filling within the 0-75' lakeshore protected area, where none is allowed per Municipal Code Section 10.55, Subdivision 8, and because the • filling involves more than 100 cubic yards, a conditional use permit is required per Section 10.03, Subivision 19. NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning •File #1403 � 2. The property is located in the LR-1C Single Family Lakeshore Residential Zoning District. � 3. The Orono Planning Commission reviewed this application on May 15, 1989 and recommended approval of the variance and conditional use permit as proposed by applicants, based on the following findings: . A) The land alterations requiring fill within the lakeshore protected area resulted from a severe storm that eroded the original lake bank and access stairs to the lakeshore. � {,: B ) The repairs are necessary to complete the restoration of the road bed adjacent to the lakeshore property. • Page 1 of 5 . ' , l , , _ �! , ,,nr�;'' -�+�. }�� ' � RONO f� Clt� o O . �"�` �~�.� . � ` �� ' � ;` �3.r^�n't�i' .. �:k 4� ^ '� RESOLUTION OF THE CITY COUNCIL q r� r �,, ;.� '�,a� NO. 2642 , '• ' • • ' � .::�� ,f;:.�< " �:.a .'�'}, I 4. 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 danger to ' neighboring properties ; would not merely serve as a convenience to the applicants , but is necessary to , alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the � applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the � City. 5. The City Council finds that granting a conditional use , permit to allow the land alterations as proposed 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. - � CONCLIISIONS, ORDER AND CONDITIONS � Based upon one or more of the above findings, the Orono � . City Council hereby grants a variance to Municipal Zoning Code Sections 10.55, Subdivision 8 to allow filling within the � lakeshore protected area, and per Municipal Zoning Code Section 10.03, Subdivision 19 grants a conditional use permit to allow filling in excess of 100 cubic yards within the lakeshore ; protected area, subject to the following conditions: � l. 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 grading permit for filling and grading within the lakeshore protected area t within one year of the date of Council approval, or the ' special conditions of this resolution will expire on that date (June 12, 1990 ). . • 2. 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. � Page 2 of 5 _ i....�.._�;�.�.�... .. . ... _�.. .. . . . ' . . . . ' 1 � � �3 � �k .�.�� .�•..?r � i� ;s C�t� o� ORONO ��_�� • k . �PY i:ft�i �� `�� r�� RESOLUTION OF THE CITY COUNCIL �� 2642 �..��• �, ; NO. r,. :,� � � .� ,�.; � 3. 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 12th day of June, 19 8 9. r ATT T: � • � � . othy Hallin, City Cler]c�Jame R. Grabe Mayor �, � �� O i�P��\ Prop r Owner ) • . STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of June, 1989, by James R. Grabek & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. tary Pu lic �'•`�: URIE K. SCHEFfLER ��: OTAqY PUBUC-MINNESOTq �"�� HENNEPIN COUNTY � i�,��;�h My commisaion expires6-8-93 My Commission Expires Page 3 of 5 • , � . ., � , '} ' y S�c' ti��. ��. �'lt� O� OR,�N� ,.r : . �� , �.� ��L . � :�,� ��r� �r� �,:;�,__r�; . � 4� ,�;,. RESOLUTION OF THE CITY COUNCIL �' r �� 2642 :z'� ��-��"� NO. , `H; • ?. • `�" ' EXHIBIT A P.I.N. 17-117-23 41 0010 Lot 1, Block 2, Townsite of Langdon Park, commencing on the southwesterly line of Lot 1 at a point distance 213.14 feet northwesterly from the intersection of the southwesterly line of Lot 1 extended and the northwesterly line of right-of-way of Great Northern Railroad, thence northeasterly at an angle to the right of 82 degrees 55 minutes a distance of 180 feet to the actual point of beginning of the tract to be hereinafter described thence continuing on last described course 60 feet, thence ' southeasterly 263.2 feet to a point in the northwesterly line of said railroad right-of-way, distance 140 feet northeasterly of its intersection with the southwesterly line of Lot 1 extended, thence southwesterly along said right-of- � way line 35 feet, thence northwesterly 247.7 feet to the actual � point of beginning also al 1 that tract of land lying between the above described tract and Lake Minnetonka and between the ' easterly and westerly lines of said tract extended, Hennepin ; • County, Minnesota; AND P.I.N. 17-117-23 41 0011 Lot 1, Block 2, Townsite of Langdon � Park, commencing at the point of intersection of the northwesterly line of the Great Northern Railway right-of-way with the southwesterly line of Lot 1 extended, thence northwesterly 213.14 feet along said lot line, thence � northeasterly 240 feet at an angle of 82 degrees 55 minutes to : the right to the actual point of beginning of the land to be � described, thence southeasterly 263.02 feet to a point in the northwesterly line of said right-of-way distance 140 feet ; northeasterly from initial point of beginning, thence northeasterly along said right-of-way line to the east line of Lot 1, thence north along said east line of Lot 1 to lakeshore, thence southwesterly along said lakeshore to a point in the northwesterly extension of the line running from the actual point of beginning to said point in the northwesterly line of said railroad right-of-way distance 140 feet northeasterly from initial point of beginning, thence southeasterly to beginning, Townsite of Langdon Park, Hennepin County, Minnesota. � • ,' : • `� ; � � , , '=� �` `` Ci.t� o� ORONO _._ � .� - - , • � � =;r.:.. .i } �: ,1. �.,, �F `` �r'�* �i a;� ��,�,�� RESOLUTION OF THE CITY COUNCIL � �; s.�Y ,��-, � �` NO. 2642 • • • • . ; STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this 2�3��th day of Auaust , 1989 before me a Notary Public within and for said county, personally appeared Timothy and Jeanet.te Schupp 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. . �9-��•-e� � —��`"�-- NO � � DONNA IING•EVANS �NOTARY PUBLIC•MINNESOTA � RAMSEY COUNTY My Cor�mission£xpires June 5,1991 MY 1° STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this �'-� day of_`�;��j�.l�j�,Q� . 19�, before me Not ry Publi�c within and for said County, personally appeared �i�j n!n �f � ICH N./� ,� known to me to be the , person(s) c�esc�`ibed in and who executed the foregoinginstrument, � and acknowledged that he (they) executed the same as his (their) free act and deed. N TARY' PUB ' '� URIE K. SCHEFFLER . `!� NOTARY PUBLIC--MINNESOT� ? 4t�` , HENNEPIN COUNTY E �`.`;�': , ; v My commiseion�xpires 6-8•93 t fa;e, MY COMMISSION EXPIRES • Page 5 of 5 I 1 • l � ' h, 1 i ,y, � .� ` � t Clt o� ORONO :��M � � � �'. :� �� 1 �t r ,� , '�'`' s � � RESOLUTION OF THE CITY COUNCIL �� .� ° i�; � ° � 2642 „ NO. • ��• � �` STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) . i ; 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 ' �• �' � � f, MY COMMISSION EXPIRES STATE OF MINNESOTA ) �; )S S. �'' COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personal ly 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 r , , , � � ; r _ MY COMMISSION EXPIRES ' � ;