HomeMy WebLinkAboutResolution 2648 ..., .�- .
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' p� , � _ RESOLUTION OF THE CIT}Y COUNCIL
�� N0. 2648
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A RRSOLDTION GRANTING
VARIAAICES TO
MDNICIPAL ZONING CODE
SECTION 10.41, SDBDIVISION 10 (A) , (B) , (C) , (D) ,
S$CTION 10.41, SUBDIVISION 9
SSCTION 10.41, SDBDIVISION 5 (A) ,
S$CTION 10.22, SIIBDIVISION 1, AND
PER SECTION 10.41, SDBDIVISION 2
APPROV$S THS CO1��2CIAL SITE PLAN FOR
,. SMITH'S BAY MARINA AND YACHT CLOB, INC. ,
FILE #1408 '
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WHER$AS, Smith' s Bay Marina, Inc. , a Minnesota
Corporation (hereinafter "the applic�nt") has an interest in the
property located at 1955 Shoreline Drive within the City of Orono
(hereinafter "City") and legally described as follows:
�' Exhibit A, attached
WHER$AS, the applicant proposes the construction of a
principal structure and major restoration of the marina property
and has applied to the City for variances to Municipal Zoning
Code Section 10.22, Subdivision 1 to permit fencing 43' from the
lakeshore instead of the required 75'; Section 10.41, Subdivision �
5 (A) to permit parking stalls for 42 vehicles instead of the `
required 48 stalls; Section 10.41, Subdivision 9 to permit
parking 10' from the street lot line instead of the required 30';
Section 10.41, Subdivision 10 (A) to permit the principal
structure to be built 50' from the shoreline instead of the
required 75' ; Section 10.41, Subdivision 10 (B) to permit the
principal structure to be built 40' from the site lot line
adjacent to a residential zone instead of the required 50' ;
Section 10.41, Subdivision 10 (D) to permit 15,862 square feet or
63.4� of hardcover (actual reduction of 10� over existing hard- .
cover at 73.6$) within 75' of the lake where no hardcover is
allowed and to permit hardcover to remain at 5,100 square feet or
300� over the allowed amount of hardcover at 1,275 square feet or
25�; and per Section 10.41, Subdivision 2 seeks approval of a
commercial site plan for the complete restoration of the marina ,
property.
NOW, THER$FORE, BE IT RESOLVED by the City Council of
• Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1408 . '
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2. The property is located in the B-2 Lakeshore Business
Zoning District.
3. The Orono Planning Commission reviewed this application
listed above and the commercial site plan for the complete
restoration of the subject property on Niay 15, 1989 and
recommended approval of the proposed variances based upon
the following findings:
A) The 1 ot i s not deep or 1 arge enough to a 11 ow
structures to meet required setbacks.
• B) The majority of the property is located within the
lakeshore protected area where no hardcover or
structure is allowed.
C) The property has been used as a commercial marina
for over 40 years and was recently rezoned to B-2 in
1975. "
D) The proposed improvements provide a reduction of
10� in overall hardcover in addition to improving
quality of storm water run-off prior to entering the
lake.
E) The majority of the improvements provide for a
major reduction in hardcover immediately adjacent to
the shoreline.
F) Access to site and parking areas have greatly been
improved with the proposed single structure making for
a more efficient use of the severely limited land area.
4. The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances on the health,
• saf ety and we 1 f are of the community.
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�. � RESOLUTION OF THE CITY COUNCIL
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5. The City Counci 1 f inds 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
variances would not adversely affect traffic conditions,
light, air nor pose a fire hazard or other danger to
neighboring property; 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.
CONCLDSIONS, ORDffit AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants the variances as set forth above
and approves the commercial site plan dated November l, 1988,
revised January 20, 1989 by Advance Surveying and Engineering
� Company for Smith's Bay Marina and Yacht Club, Inc., subject to
the fol lowing conditions:
1. Owner to execute a Developer's Agreement and post a
- � Letter of Credit with the City to ensure the following
improvements are installed:
A) City Engineer to approve drainage/surface water
treatment plan per final plans by Sathre Bergquist. '
B) Paving of parking area, lighting, signage, and
installation of grassed area per plans by E.O.S.
Corporation of Excelsior, Minnesota dated January 10,
1989. .
2. The executed Developer's Agreement and Letter of Credit
(amount to be 150$ of the cost of reguired improvements)
must be submitted to the City prior to application for a
building permit for new principal structure. The City
Engineer shall review total improvement costs prior to
submittal of Letter of Credit.
3. Erosion control shall be employed at all times on the
site during the time of construction of the principal
structure.
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4. Demolition permits are required for all buildings to be
removed. Such permits must be obtained by applicant at the
time a permit is issued for new construction. A Certificate
of Occupancy will not be issued for the new structure until
all buildings designated for removal have been razed.
Applicant may continue to use existing structure up to the
time the Certificate of Occupancy is to be issued.
5. Owner/applicant is hereby advised that at the time an
app 1 i cation f or bui 1 ding permit i s submitted to the City,
the Orono staff shal 1 evaluate the proposed improvement and
uses of the property per standards adopted by the
Metropolitan Waste Control Commission in the determination
of the Service Availability Charges to be collected with the
issuance of a building permit for the new construction.
6. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
� must be exercised by application f or a building permit
within one year of the date of Council approval, or this
variance will expire on that date (June I2, 1990).
7. Violation of or non-compliance with any of the terms and
conditions of this variance shal 1 constitute a violation of
the zoning code, shal 1 automatically terminate any authority
granted herein, and shall� be punishable as a misdemeanor.
8. The undersigned applicant on behalf of the Smith's Bay
Marina and Yacht Club, Inc. has read, understood and hereby
agrees to the terms of this resolution and on its heirs,
successors and assigns, hereby agrees to the recording of
this resolution in the chain of title of the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 12th day of June,
1989. .
ATT T:
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Do othy Hallin, City Clerk Jam s R. Gr ,Mayor
• �.s�,r.S�dZ �, � �i►s�..a ,
Applicant(s) �
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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. �
No ary Publ c„��y�'�^'��;� �AU SCHEFFLER
. <��=�,��t"-.���. NOTA P LIC—MINNESOTA
� "x�'` •'�`'�� HENNEPIN COUNTY
�"v;;��;:�°'� My commiuion expiresb-8-93
• My Commission Expires
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this � � day of , 198�
before me a otary Public itY�i and for said county, personally
appeared � O known to me to be
the per on(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
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NOTARY PUBLIC
a''"`► ��aine B. .�yn
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NOTARY PUBLIC—MINNESOTA
'h HENNEPIN COUNTY
My commission expires June 14,1991
� MY COMMISSION EXPIRES
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EXHIBIT A
� Commencing at the intersection of the North line of Central Avenue
extended Easterly with Easterly right-of-way line of County Road No. 7
thence Northeasterly 42 degrees 15 minutes East 120.5 feet to actual
point of beginning thence South 57 degrees 45 minutes East 29.04 feet
thence North 37 degrees 50 minutes East 130 feet to the intersection
of North line of Grand Avenue extended Easterly thence North 59
degrees 45 minutes West 18 feet thence Southwesterly 42 degrees 15
minutes West �131 :'S feet to beginning including accretions„ "ORA PARK"
ON LAKE MINNETONFCA", Hennepin County, Minnesota, (hereinafter "the
property"); and
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