HomeMy WebLinkAboutResolution 2643 _ . . .
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Cit� of ORONO
• RESOLUTION OF THE CITY COUNCIL
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.; � NO. 2643
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A VARIANCE TO .
MDNICIPAI� ZONING CODE
S$CTION 10.55, SDBDIVISION 8 AND
GRANTING A CONDITIONAL IISE PERMIT Pffit
SECTION 10.03, SDBDIVISION 19
FILE #1403
WHER$AS, Leroy J. Erger (hereinafter "the applicant")
is the owner of the property located at 3265 Crystal Bay Road
within the City of Orono (hereinafter "City") and legally
described as follows:
Exhibit A, attached (hereinafter "the property"); and �
WHEREAS, the applicant has 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
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1. 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 an amended
proposal approving the variance and conditional use permit,
based on the fol lowing 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.
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Cit� o� ORONO
• RESOLUTION OF THE CITY COUNCIL
�„,;::� . :
� ..:,� NO. 2643
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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 applicant, but is necessary to alleviate
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.
5. The City Counci 1 f inds 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
f ire 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. .
CONCLDSIONS, 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:
1. City staff to work with applicant to resolve maximum
height for exposure of retaining wall installed within
adjacent road bed. .
2. 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
within one year of the date of Council approval, or the
special conditions of this resolution will expire on that
• date (June 12, 1990 ).
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Cit� o� OR,ONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2643 �
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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 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. t�
AT ST: _ _
�
• D rothy Hallin, City Cle�k- Jam s R. Gra ; Mayor
I � .
/ ) .
Property )
a
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. ,
�
Notary Public �'
��''"�r LA I K. SCHEFFLER ..
;�����.
�*`.Y�.�' NOTANY PUBLIC—MINNESOLA ,
``�•'-`-''�``"• HENNEPIN COUNTY
�,;�:t;�t;"J My commission expires6•5-93
• • My Commission E
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� c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
�
._ � NO. 2643
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
On t h i s ��,,2 d ay o f �J(�.y . 19 8�
before me a otary Pub�i,,c,, within and for said county, personally
appeared �J-�/�'-,�/I10 �f/? 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 PUBLI ' "'�"^"''
��?"`�"'�r4 LA R E K. SCHEFFLER
�'�^� NOTARY NUBUC-MINNESOTP
'H�'��'� HENNEPIN COUNTY
>
� �y�.;-.:
-"':�,'�s''' My commission expires 6-8•93
44•j4n•,�'
. MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) '
On thi s ��j�,p day of ���/ , 19 8g, bef ore me
a o Publ�.c_ 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.
NO ARY PUBL
?'�`°�°'�j LAURIE K. C EFFLEft
�_..;�:�,�
:�,•S�. ,� NOTARti VUBLIC-MINNESOTA
�c�rs`',•> "-;,� kiENNEPIN COUNTY
• `•�'�'iSt� My commission expiresb•8-93
��;�:r
MY COMMISSION EXPIRES
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Cit� of ORONO :
� RESOLUTION OF THE CITY COUNCIL
� NO. 2643 �.
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. EXHIBIT A
P.I.N. 17-117-23 41 0014 - �
Lot 2 , Block 2 , Townsite of Langdon Park, and the
northeasterly 60 feet including adjacent vacated street, Hennepin
County, Minnesota. �
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