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Home My WebLink AboutResolution 2807 , �� . l . . - ' " . .�.�... . '. .. . " . •.� � . . . . _ .. . . . . �. . . ' _. """" ' ..--'..... ..... . . _ c�t� o� oR,oNO _ . • [�'j RESOLUTION OF THE CITY COUNGL � NO. 2807 • - • • � A RESOLDTION GRANTING VARIANCES TO MONICIPAL ZONING CODE SECTION 10.03, SDBDIVISION 6 (3) (B) , SECTION 10.03, SDBDIVISION 9 (A) AND SECTION 10.22, SOBDIVISION 1 FII.$ #1515 WH$REAS, Jeffrey Johnson (hereinafter "the applicant") is the owner of the property located at 3825 Cherry Avenue within the City of Orono (hereinafter "City") and legally described as follows: The West half of Lot 2, all of Lot 3, and the North 45' of Lots 28 and 29, Block 7, Crystal Bay View, Lot 2, Block 3, Crystal Bay View, Hennepin County, Minnesota (hereinafter � "the property"); and • WH$REAS, the applicant has applied to the City for variances to Municipal Zoning Code Section 10.03, Subdivision 6 (3) (B) and Section 10.03, Subdivision 9 (A) to permit the construction of a 200' long cat walk, an accessory structure, on a property consisting of multiple lots divided by an unimproved road, Cherry Avenue, that divides a lakeshore lot from the remaining interior lots requiring a variance that would seek credit for the principal residence on the interior lot for the accessory structure on the lakeshore lot, and hardcover and setback variances within the 0-75' setback area for the 200'x3' cat walk structure. NOW, TH$R$FORE, BE IT RESOLVED by the City Counci 1 of Orono, Minnesota: FINDINGS � � 1. This application was reviewed as Zoning File #1515. 2. The property is located in the LR-1C Single Family Rural Residential Zoning District requiring 1/2 acre in area. The interior lots within the jointly owned properties consist of 22,183 square feet. 3. The Orono Planning Commission reviewed this application on April 16, 1990, and recommended approval of the proposed • variances based upon the following findings: Page 1 of 5 , .. � . . _ -_- : - -_ - . _ : . �Clt� o� ORONO � • C�' RESOLUTION OF THE CITY COUNCIL � NO. 2807 • - • • A) The portion of Cherry Avenue that the proposed cat walk structure would cross is totally within the wetland/lakeshore and is not used for roadway purposes and is currently unimproved. B) The legal combination of the substandard lot will now be tied to an ad jacent homestead parce 1 and wi 11 never be the subject of a land use independent of any homestead. C ) The proposed dock structure meets the LMCD criteria for authorized dock use area for a dock with one slip (1 slip per, 50 lineal feet of shoreline) . D) The property consists of predominately wetlands and lakeshore. ., E) There is no adverse impact on adjoining property • owners or the public generally as a similar dock and cat walk structure has existed on the property to the immediate east without any record of accidents or apparent hazard to the public who use the adjacent main lake and roadway. 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, safety and �welfare of the community. 5. 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 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. � Page 2 of 5 • - ... � / < H � � �. . .. � ! Y .� . u .� � r - � r s�i.� 'e �, iJ .� � 7:�.1 �. ` ...�t, j f �-` .. ` t�'� ��7 �7 � �° L � '� ,.-r .�_ . . r�., : � . �. ` _ . r I '� -�. . �c'7 ��! 1 451.1 � =,tAV 3 y Tr„' ..>E i ... ° „�t .^rit' rc " t �,�..-�•v c � f �� a►��"��:.4� � � '' � ' J' . . . . ,�. _ ...-. ,. - . .. . .....,._ .,� . . . . . :,. _.�..�.._..�._�..��...._....r.�__..�...`...—__� , - . .. .. . ., .. . .. . ...., .. , e . . , ,. � ....:._� .�...�...�. .....�.. ... ...._.�.�..�._..il-....�.��.� .�._.��.:� . . . � ... i �� . ... � Ci.t o� ORONO � � • �C�? RESOLUTION OF THE CITY COUNCIL � NO. 2807 � - • • � CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to the Municipal Zoning Code Sections noted above to permit the construction of a 200'x3' cat walk, portions of which are to be located within the unimproved right-of-way of Cherry Avenue and within riparian Lot 2, Block 3, Crystal Bay View, to serve the residence located at 3825 Cherry Avenue, subject to the following conditions: 1. Prior to filing the variance resolution by the City, applicant must app ly for the legal combination of three parcels, P.I.D. #08-117-23 33 0041, 08-117-23 33 0037, 08- 117-23 33 0058. 2. Upon application for a building permit for the cat walk/dock structure on Lot 2, Block 3, Crystal Bay View and unimproved Cherry Avenue, applicant must submit the • following: � A) Survey showing any encroachments of property and location of proposed structure within subject lot and right-of-way of Cherry Avenue. The accessory structure must meet the required 10' side setback from the west side 1ot line. B) Approval permits from Corp of Engineers, DNR and Orono Public Works Department. Applicant to provide fully �executed Hold Harmless agreement with the building permit application. 3 . Posting of cat walk/dock structure with "No Trespassing/Private Property" signage. 4. Based on standards of LMCD and this variance approval, the dock sha11 be limited to 1 slip. 5. 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 building permit within one year of the date of Council approval, or this variance will, expire on that date (May 29, 1991). 6. Violation of or non-compliance with any of the terms and • conditions of this variance shall constitute a violation of � the zoning code, shall automatically terminate any authority granted herein, and sha11 be punishable as a misdemeanor. � Page . 3 of 5 t ��' t � ��. � � q ��S A '�� n�� ?. 2 � . � r.�y i\4f �. � .�.� t :t C •� i -�: 5 � i- �7 +. � � �,. . � +'i. �t.+�S_ 7tr r� �t z..f i �4 rx �Y '". ti !t{�a-itt✓. �� %7i"� � .' ea� ,('.'. sY F J. S .�.x'.,a y ��: J t�� c r n r };`•'... Z� .s �t. A . . .,.., . �..:,a��..,�a ti �.iY ....R,..� .t •.... .? , .. � .,. ...�. f . ,;Y' .:o .«.,_.._�.�_.r_..t,v- .....�.._.�_..l...=>._..._,_�_ _"....��. ..a.._...�._;.-��...3 _.....:....:�....i..r._. ... ••, .... _ _. , .. _....... ....._... ....... .... .. ......... ...... � : � Cit o� ORONO � � � � Q�'I RESOLUTION OF THE CITY COUNCIL � NO. 2807 • - • • 7. 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 City Council of the City of Orono, Minnesota at a regular meeting held on the 29th day of May, 1990. ATT S : r � ' _� � — Do othy • allin, City Cle�k' Jame- R. Grabelc�-M�or � r e t e (s) •. STATE OF MINNESOTA ) ) ss. � COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 29th day of May, 1990, 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. . 1 Notary Public ' NOTARY PUBLIC`�MINNE OTA Q HENNEPIN COUNTY � �^ / °Z MY commtaslon explr¢s g,g,yZ My Commission Expires • Page 4 of 5 . , � , . ; , ' , - - � �:� � �� .- C�t � o� ORONO . - .- 3' � Qj�`� . RESOLUTION OF THE CITY COUNCIL � NO. 2807 • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On thi s � ��' day of _, 19 9 � before me a Notary Public within and or s id county, personally appeared �' �1�.5 known to me to he erson(s) des ribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. C� , � �TAREPUBLIC�' NAAB • NOTARY PUBLIC HENNEp�N COUNTYrA MY�mmissfon expirss 9-8-92 � �-� 9 a MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On thi s IS'�' day of �,�/y�-2 , 19 9� , bef ore me a Notary Public within and for said County, personally appeared ' �-%SC��. � ^ �✓1 OYl C��)� - known to me to be the person ( s ) des ibed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �i� � �� Q � / V�X C1J`� NOTARY PUBLIC THERE3A L. NAAB ; NOTARY PUBLIC- MINNESOTA /��ga HENNEPIN COUNTY `7 My commission expires 9-8.gp MY COMMISSION �EXPIRES � Page 5 of 5