HomeMy WebLinkAboutResolution 2737 J, ,
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"`��+ `j � RESOLUTION OF THE CITY COUNCIL
�r� 2737
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A RESOLDTION GRANTING
A CONDTIONAL IISE PERMIT
PER .MDNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 19
FILE #1471
WHEREAS, Daryle L. Uphoff (hereinafter "the applicant")
is the owner of the property Iocated at 2699 Kelly Avenue within
. the City of Orono (hereinafter "City") and legally described as
f ollows: . _
� � Lot 2, Block 2 and Out3.ot 4, Block 2, Walters Port, Hennepin
County, Minnesota (hereinafter "property"); and
. �. ,- WH$R$AS, the applicant has applied to the City of. Orono � �
' for a conditional use permit to permit the repair of a wooden
sea wall Zocated within the property per Municipal Zoning Code
Section 10.03, Subdivision 19. - .
� NOW, THEREFORE, BE IT RESOLVED by the City Council of
� Orono, Minnesota: - .
FINDINGS
1. This application was reviewed as Zoning Fi3.e #1471.
2. The property is ].ocated in the LR-1B Lakeshore
Residential Zoning District.
3. On November 20, 1989, the Orono Planning Commission
reviewed the application as proposed and recommended
approval based on the following findings: .
. A) The existing sea wa3.]. is in a serious state of
disrepair and may present a hazard to the users of the
Walters Port Lagoon if not repaired.
B) The sea wall. is required to maintain navigational
access to the Zimited Iagoon area. . •
4 . The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by staff and comments of the applicant
and the affect of the proposed use on the health, safety, "
and welfare of the community.
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.`��.., ,t~� RESOLUTION OF THE CITY COUNCI L
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_a'�;� F% : NO. 2737
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` City Council finds that granting a conditional use
permit to alZow the repair of an existing wooden sea wall
will not be be detrimental to the health, safety or general
welfare of the public, would not adversely affect Iight, air
nor pose a fire hazard or other danger to neighboring
properties, nor will its use depreciate surrounding property
va3ues 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, ORDffi2 AND CONDITIONS
Based upon one or more of the above findings, the Orono
City Council hereby grants a conditional use permit per Municipal :
Zoning Code Section 10.03, . Subdivision 19 to permit the repair of � : . �
� an existing taooden sea waI I subject to the following conditions: . �
- � ••.. 1.` Applicant to obtain a building permit for repair of sea .
wall. Prior to issuance of� building permit, applicant must .
. provide proof of . permit from both the Minnehaha Creek
� - Watershed District and the Department of Natural Resources.
2. Plans for repair of sea wall shall be amended to include
the following changes: �
A) Planking sha].1 �extend to or below existing water
lines, approximately 6' .
B) Joints on the planking to be staggered. �
3. AlI spoils or excess fill to be deposited off site.
4. Authorities granted by this reso3.ution run with the
property not with the applicant, but are permissive on3.y and
must be .exercised by obtaining the necessary permit within
• one year of the date of Counci3 approval or the special
conditions of this resolution will expire on that date
(December 11, 1990). , �
5. 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 shal 1 be punishable as a
misdemeanor.
6. The undersigned owner has read, understood and hereby
. agrees to the terms of this resolution and on behalf of
himse3.f, 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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�J a RESOLUTION OF THE CITY COUNCIL
�'�>'�Y
.�. ,;s;:;: 2737
<., �. • ..F,' NO.
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Adopted by the Orono City Council on this llth day of
December, 1989. .
ATTEST:
Dorothy M. Hallin, City ,C].erk � Jame R. Grabek, M'ayor . '
' _- �cn � � . � � ` : � � �'G�� '
Pr perty Owner(s) , �
�:. STATE OF�MINNESOTA � ) �': _ .., . ... .,. � _
•� �'- ",.�a Y ' � : ���.x� . c ' � � . •' . . . . .
v. .
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-COUNTY. OF� HENNEPIN ) ° - . �
: . The foregoing instrument was acknowledged before me on
� this llth day of December, 1989, by James R. Grabek & Dorothy M.
� Hal].in, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on beha3.f .
. of the City. . .
�
� Not ry Publi
. . ,T��,� If K. SCHEFFLER
`. ,�:%•� NOTARY PUBLiC—MINNESO7/�
�'`�� HENNEPIN COUNTY
u;��;�x�` My commission expiros 6•8-93
�.:
My Commissio
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, . RESOLUTION OF THE CITY COUNCIL
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�;s '�� NO. 2737
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this �� day of D���j�� , 198�
before me a Notary Pub1ic within and for said county, persona11y
appeared ��y� �pHpFF 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.
NOT RY PUBL
� � - �`�s'�: L U If K. SCHEFFLER
_ s`�,��"i'' NOTARY DUBLIC—MINNESOTA
.�,. ��.;::
�. _ ��;�;�r. HENNEPIN COUNTY
. �c;r�;��.�, My commission oxpin�6•8•93
- . � . MY COMMISSION EXPIRES � � .
STATE OF MINNESOTA )
� � )ss. . .
COUNTY OF HENNEPIN ) .
On this ��� da of �-Q-C_.��-✓ , 198 , before me
Y 1
a NQt�a�ry Public within and for said County, personal�y appeared
i--l.l. �. � known to me to be the
person(s) des— c�ed i d who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
_ (their) free act and deed. ,
. . � �
� NOTARY PUBLIC I
,
THERE8l� L. NAAB '�
' I�OTARY PUBUO- MINNESOTA
HENNEPIN COUNTY ��^ ��
My commisslon expiros 8�8-92 �i
MY COMMISSION EXPIRES ;
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