HomeMy WebLinkAboutResolution 2644 y- �.
City of ORONO
• RESOLUTION OF THE CITY COUNCIL
� NO. 2644
• - • •
A RESOLIITION APPROVING
A VARIANCE TO
1KUNICIPAL ZONING CODE
SSCTION 10.55, SDBDIVISION 8 AND
GRANTING A CONDITIONAI� IISl3 P$RMIT Pffi2
SECTION 10.03, SUBDIVISION 19
FII,$ #1403
. WHSREAS, C. Wi 11 iam Wo 1 f e (hereinaf ter "the app 1 i cant")
is the owner of the property located at 3255 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, TH$REFORE, BE IT R$SOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
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 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 4
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~^M .'.�� � .�..�. \J i.t� of ORONO
• '�" RESOLUTION OF THE CITY COUNCIL
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>;; ^��- NO. 2644 ;
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4. The City Counci 1 f inds that the conditions exi sting 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 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. City staff to work with applicant to resolve maximum '
height for exposure of retaining wall installed within :
adjacent road bed and the access stair to lake to be
redesigned so that proposed retaining wall is not necessary.
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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Clty o� ORONO �
• RESOLUTION OF THE CITY COUNCIL
� NO. 2644 �
• - • •
. �
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. ��
AT ST: � -
• � ~ . � �
orothy . allin, City Cler`k Jame R. Grabek;—M yor
:�
operty Owner(s .
�`
STATE OF MINNESOTA )
) ss.
COUNTY OF FiENNEPIN ) ,
The foregoing instrument was acknowledged before me on
this 12th day of June, 1989, by James R. Grabek & Dorothy M.
Ha11in, Mayor & City Clerk of the City of Orono, a Minnesota �-,
municipal corporation and said instrument was executed on behalf
of the City.
No ry Public x
-<.
,�-��.g,��=-�R�;;,,h. � E,K. SCHffFL�R
�`z''��;{JS NOTARV PUBIiC�MINNESOYA •
�' %5'�`>� HENNEPIN,COUNTY
'°f�',4;f'' My commisaion expirei6•8-93
• My Commission '
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Ci.t� o� ORONO
• RESOLUTION OF THE CITY COUNCI L
� NO. 2644
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this J(Q �' day of �J(�,,ti� , 198�
. before me a Notar Public within and 'for said county, personally
appeared _ � �( . �o/ known to me to be
� the person(s) described in d who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
� /LC�_ -��/�
NOTA
• ; THEREBA L. NAAB
• NOTARY PUBLFO�MINNESOTA
HENNEPIN COUNTY
My commlaalan explras�8-92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �q�/� day of �r/� , 198Q, before me
a �Iotar Public wi hin 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 RY PU
"�'"�'"'''� LAURIE I . MEFFLER
:�.;�.,;�f�;
°"-+�'xC�?' NOTARY FUBLIC—MINNESOTA
���^ ��'t�i'��' HENNEPIN COUNTY
i�;;�t1�,:i�;,
.�.�;�;.ry��� My commission expiresb-8-93 �
� MY COMMISSION EXPIRES
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clt� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
� NO. 2644
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E��IBIT A
P.I.N. 17-117-23 41 0012 Lot l, Block 2, Townsite of Langdon
Park, that part of Lot 1 and of Northern Avenue now vacated
described as beginning at the point of intersection of the
northernly right-of-way line of Great Northern Railroad Company
with the southernly extension of the dividing line between Lots 1
and 2, thence northwesterly along said line a distance of 213.14
feet, thence northeasterly def lecting right 82 degrees 55 minutes
a distance of 90 feet, thence southeasterly in a straight line to
a point in the northerly right-of-way line of said Great Northern
Railroad Company which point is 52.5 feet northeasterly measured
along said northerly right-of-way line from the point of
beginning, thence southwesterly along saici northerly right-of-way �
line 52.5 feet to the actual point of beginning, also that tract '
of land lying between the northerly line of the above described
land and the shore of Lake Minnetonka and between the
northwester�ly extension of the easterly and westerly lines
thereof, Townsite of Langdon Park, Hennepin County, Minnesota.
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