HomeMy WebLinkAboutResolution 2891 i�a,— . ;r !
, .
. .
� - •
� _ , � � , C�t� of ORONO
, • � '
; � RESOLUTION OF THE CITY COUNCIL ,
� � � NO., 2891
i . • - • •
� _ .
i
1. A R$SOLDTION GRANTING
� VARIANCES TO
� MDNICIPAL ZONING CODE
� SECTION 10.41, SIIBDIVISION 10 (A) , (B) , (C) , (D) ,
� S$CTION 10.41, SIIBDIVISION 9
! S$CTION 10.41,' SDBDIVISION 5 (A)
� SECTION 10.22, SDBDIVISION 1, AND
PER SECTION 10.41, SDBDIVISION 2
APPROVES THB COI�Il�RCIAL SITE PLAN FOR
SMITH'S BAY MARINA AND YACHT CLIIB, INC. ,
FII,$ #1592
WHEREAS, Gerald Toberman of Smith's Bay Marina, Inc., a
Minnesota Corporation (hereinafter "the applicant") has an interest in
the property xocated at 1955 Shoreline Drive within the City of Orono
(hereinafter "City") and legall.y described as foJ 1ows:
Exhibit A, attached
� WHEREAS, the applicant proposes the construction of a
principal. structure and major restoration of the marina property and
` has appl.ied to the City for variances to Municipl Zoning Code Section
10.22, Subdivision 1 to permit fencing 43' from the �akeshore instead
of the required 75' ; Section 10.41, Subdivision 5 (A) to permit
parking stalXs for 42 vehicles instead of the required 48 staYls;
Section 10.41, Subdivision 9 to permit parking 10' from the street lot
3.ine instead of the required 30'; Section 10.41, Subdivision 10 (A) to
permit the principal structure to be buixt 50' from the shorel.ine
instead of the the required 75' ; Section 10.41, Subdivision 10 (B) to
permit the principal structure to be built 40' from the site 1ot I.ine
adjacent to a residentia3. zone instead of the required 50' ; Section
10.41, Subdivision 10 (D) to permit 15, 862 square feet or 63.4� of
hardcover (actua�. reduction of 10$ over existing hardcover at 73.6$)
within 75' of the I.ake where no hardcover is a13.owed and to permit
hardcover to remain at 5,100 square feet or 300� over the a�.I.owed
amount of hardcover at. 1,275 square feet or 25$; and per Section
10.41, Subdivision 2 seeks approval of a commercial site plan for the
comp�,ete restoration of the marina property.
NOW, TH$REFORE, B$ IT RESOLVED by the City Council. of Orona,
Minnesota: '
i
� Page� 1 of 6
�
. .. - � _ . .
. ;
l ; ,
�
� C�t� o� ORONO �
• �� RESOLUTION OF THE CITY COUNCIL
� NO. 2891
• - • • �
FINDINGS
1. This appl.ication was reviewed as Zoning Fil.e #1592.
2. The property is 3.ocated in the B-2 Lakeshore Business Zoning
District. - .
3. The Orono Pl.anning Commission reviewed this app�.ication
I.isted above and the commerciax site pl.an for the compl.ete
restoration of the subject property on October 15, 1990 and
recommended approvax of the proposed variances based upon the
fol.I.owing findings:
a) The 1.ot is not deep or I.arge enough to a1.�.ow structures
to meet required setbacks.
b) The majority of the property is I.ocated within the
3.akeshore protected area where no hardcover or structure is
• a�lowed.
c) The property has been used as a commercial. marina for
� over 40 years and was recentl.y rezoned to B-2 in 1975.
d) The proposed improvements provide a reduction of 10� in
overall hardcover in addition to improving qual.ity of storm
water run-off prior to entering the 3.ake.
e) The majority of the improvements provide for a major
reduction in hardcover immediatel.y adjacent to the
shoreline.
f ) Access to site and parking areas have great�.y been
imgroved with the proposed singYe structure making for a
more efficient use of the severel.y limited �and area.
4. The City CounciZ has considered this app�,ication incl.uding
the findings and recommendations of the P1.anning Commission,
reports by City� staff, comments by the appl.icant and the effect
af the proposed variance on ; the heal.th, safety and wel.fare of the
community.
1
5. The City Council finds Ithat the conditions existing on this
property are peculiar to it and do not appxy generaXZy to other
property in this zoning district; that granting the variance
• Page 2 of 6
'r� 1 � - . . . ... � .
�
� •
� �_ � .�..: c�t� o�.oR,oNO .
� • RESOLUTION OF THE CITY COUNCIL
� �
� � NO. 2891 .
• - � •
�} ;
j would not adverseXy affect traffic conditions, Zight, air nor
pose a fire hazard or other danger to neighboring property; would
not merel.y serve as a convenience to the app3.icant, but is
necessary to a1l.eviate a demonstrabl.e hardship or difficul.ty; is
i necessary to preserve a substantial. property right of the
; applicant; and wou�d be in keeping with the spirit and intent of
; the Zoning� Code and Comprehensive P1.an of the City.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Councix hereby grants the variances as set forth above and
approves the commercial site pXan dated November 1, 1988, revised
January 20, 1989 by Advance Surveying and Engineering Company for
Smith's Bay Marina and Yacht C3,ub, Inc., subject to the following
conditions:
• l. Owner to execute a DeveXoper's Agreement and post a Letter
of Credit with the City to ensure the foll.owing improvements are
� install.ed:
A) City engineer to approve drainage/surface water
treatment p1.an per final pl.ans by Sathre Bergquist.
B ) Paving of parking area , lighting, signage, and
instalxation of grassed area per pl.ans by E.O.S. Corporation
of ExceI.sior, Minnesota dated January 10, 1989 .
2. The executed Deve�oper's Agreement and Letter of Credit
(amount to be 150$ of the cost of required improvements) must be
submitted to the City prior to appl.ication for a buil.ding permit
for new principal structures. The City Engineer shaXY review
total. improvement costs prior to submittal of Letter of Credit.
3. Erosion contro3. sha1.�. be empl.oyed at alX times on the site
during the time of construction of the principa�, structures.
4. Demolition permits are required for aXX buildings to be
removed. Such permits must be obtained by appl.icant at the time
a permit is issued for new construction. A Certificate of
Occupancy wi 1I. not be issued f or the new structure unti X a3,I.
buiXdings designated for removal. have been razed. Applicant may
• Page 3 of 6
� • ,., , , � ,.
� . c�t o� oR,oNo
�
.� . �
� • �� � RESOWTION OF THE CITY COUNCIL
! � " NO. 2891 • . .
1 • - • •
�
� continue to use existing structure up to the time the Certificate
iof Occupancy is to be issued.
� 5. Owner/app1icant is hereby advised that at the time an
i application for buiI.ding permit is submitted to the City, the
; Orono staff shal.l evaluate the proposed improvement and uses of
the property per standards adopted by the Metropolitan Waste '
Control. Commission in the determination of the Service
Avai�abil.ity Charges to be col.lected with the issuance of a
building permit for the new construction. �
6. Authorities granted by this variance run with the property
not with the applicant, but are permissive onl.y and must be
exercised by appl.ication for a buiYding permit within one year of
the date of Council approval., or this variance wi�X expire on
that date (October 22, 1991).
7. Vioxation of or non-compl.iance with any of the terms and
• conditions of this variance shal.X constitute a viol.ation of the
zoning code, shal�. automatica3.I.y terminate any authority granted
herein, and shaXl be punishabl.e as a misdemeanor.
�
8. The undersigned appl.icant has read, understood and hereby
agrees to the terms of this resol.ution and on beha3.f of himsel.f,
his heirs, successors and assigns, hereby agrees to the recording
of this resoXution in the chain of titl.e of the property.
Page 4 of 6
•
�
i . ;,., ,• �. . . � � .
!
' clt o� oR,oNo
s � . �
= � � . .
� RESOLUTION OF THE CITY COUNCIL
� . NO. 2891
• - • •
�
� Adopted by the Orono City Council. on this 22nd day of
October, 1990.
ATT T:
� .
othy . axXin, City CZer Jam s R. Grabel�;
� �►rk Bay ati+�2�a:� ttsC'..
tAV� �i.Jt.tu�K��``��YG�-t�+,.�.�r1 PI�I.�S
Property Owner(s )
STATE OF MINNESOTA )
) ss.
• COUNTY OF HENNEPIN ) .
� The foregoing instrument was acknowl.edged before me on this
22nd day of October, 1990 by James R. Grabek & Dorothy M. HaI.I.in,
Mayor & City C�erk of the City of Orono, a Minnesota municipa�.
corporation and said instrument was executed on behalf of the City.
?HEREBA L» NAAB ����
T10TAFiY PUBUO-M�NNESOTA
�ENNEPIN COUNTY Notary Publ.ic
pomm�ssion exp1�'°s 9-8-92
_ ��-_5�
My Commission Expires
. Page 5 of 6
• � .
- ,,,,� , ,,� . .
,,� �` . C�t� o� ORONO -
�
• � RESOWTION OF THE CITY COUNCIL
. ' � NO.- 2891
• - • • ' �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this c� � � day of (O�t,�b ��n/ � 19 9�
�� before me a Notary Public within an for said county, personally
4 appeared ,rf �'�� �' ,� bzvvn�i ✓'.P Sid.ei�f known to me to be
i 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.
� ��
NOTA " - '-�
' ��E�eu�C�' NAAB �
HENNEPIN COUNTYrA
• ��flfiltifWl��QO�-&92
MY COMMISSION E
1
STATE OF MINNESOTA )
)ss. •
COUNTY OF HENNEPIN )
On this day of , 199 , 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 f oregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
��NOTARY PUBLIC
MY COMMISSION EXPIRES
• Page 6 of 6 ' , .
� `�� '; I
��y
��1� 1�,�� Clt o� ORONO
-�� ;� .�.� �' .
� �� RESOWTION OF THE CITY COUNCIL
'� ' ! 2891
�:�� NO.
��-_� � � ,
EXHIBIT A F
, 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 i
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 f
minutes West �131 ."5 feet to beginning including accretions„ "ORA PARK" i
ON LAKE MINNETONKA", Hennepin County, Minnesota, (hereinafter "the �
property"); and ,
'
. �
�
�
,
�
;� ,