HomeMy WebLinkAboutResolution 2882 \
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� ; RESOLUTION OF THE CITY COUNCIL
' 2882
;>.`.�,��������A`�� NO. �
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A RESOLIITION GRANTING
AN AFTER-THE-FACT CONDITIONAL DSE PERMIT
� PER M[TNICIPAL ZONING CODE
SECTION 10.03, SDBDIVISION 19 AND
SECTION 10.55, SIIBDIVISION 9 (B)
FIL$ #1585
WHEREAS , C. Arnold Carlson (hereinafter "the
applicant") is the owner of the property located at 855 Forest
Arms Lane within the City of Orono (hereinafter "City" ) and
legally described as Lot 5, Block 2, Forest Arms, Hennepin
County, Minnesota (hereinafter "property") ; and
. WHEREAS, the applicant has applied to the City of Orono
for an after-the-fact conditional use permit to permit a seawall
instal led along a channel that abuts the property along the west
side, per Municipal Zoning Code Sections 10.03, Subdivision 19
and 10.55, Subdivision 9 (B) .
• NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
� FINDINGS
• 1. This application was reviewed as Zoning File #1585.
2. The" property is located in the LR-1B Lakeshore
� Residential Zoning District.
3. On September 17, 1990, the Orono Planning Commission
reviewed the application as proposed and recommended
approval based on the following findings:
A) The seawall extends 52' along the bank of the
channel. The wall is approximately 4' , 2' remains
below the lakebed and 2' extends above the lakebed.
B) Severe erosion of the channel bank required some
form of physical support to sustain the bank.
C) The 2' high wall that extends above the lake bed
� provides no visual or negative aesthetic impact upon
viewing the property from the lakeside.
D) In a letter from Lloyd E. Weisert, a licensed
• engineer, dated January 31 , 1990 , he notes the
following: "it is my opinion that the seawall will
structurally withstand the earth pressures and
environmental elements for the expected life of the
wall materials themselves".
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• ' � ' RESOLUTION OF THE CITY COUNCIL
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2882
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4. The City Council finds that granting an after-the-fact
conditional use permit to allow the seawall to remain on the
property 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 its use depreciate
surrounding property values and that the proposed level of
use of the property wi 11 be in keeping with the intent and
objectives of the Zoning Code and Comprehensive Plan of the
City.
5. 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.
CONCLIISIONS, ORDffit AND CONDITIONS
Based upon one or more of the above findings, the Orono
• City Council hereby grants an after-the-fact conditional use
permit per Municipal Zoning Code Section 10.03, Subdivision 19
and Section 10.55, Subdivision 9 (B), subject to the following
>conditions:
l. Applicant to obtain the required building permit. Such
permit will be subject to a penalty fee.
2. Applicant is placed on notice that any repair of the
existing seawall w 'ill require a separate conditional use
permit review.
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 owner 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.
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� � k,��� Cit o� ORONO
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• (�� RESOWTION O 881�E CITY COUNCiL
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Adopted by the Orono City Council on this 8th day of
October, 1990.
ATTEST:
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� Theresa L. Naab, Deputy Clerk Edward J. 1 a an, Jr. =Acting Mayor
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Prope y Owner s
STATE OF. MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 8th day of October, 1990, by Edward J. Callahan, Jr. and
Theresa L. Naab, Acting Mayor & Deputy Clerk of the City of
• Orono, a Minnesota municipal corporation and said instrument was
e ed on behalf of the City.
..._.
l N Y P A J. VEE
�HEN�N�� � /J
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Notary Public
STATE OF MINNESOTA ) THEREBA L. NAAB.
� S S. � : NOTARY PUBLIC- MINNESOTF�
COUNTY OF HENNEPIN ) �' HENNEPIN COUNTY
M�� My commission expi•as 9-B-92
iF"
On this � O� day of �G� O�� , 199 d
before me a Notary Public within and for said county, personal�y
appeared � , �-�'/�D�C� L�a�lson
known to me to be the person(s) described in and who executed tIe
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEB �, ���J/�
NOTAAY PUBLIC- MINNE30TA
HENNEPIN COUNTY NOT Y PUBLIC
My commisslon exr�ro �i-�2_gg
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RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �-� day of �c�� ��/�' , 199 � , before me a
Notary Public ithin and for said County, personally appeared
ch a�'�`e e-h �-. �Q �' /SD � known to
me to be the person s described in and w o executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
, � v�
LINDA S. VEE NOTA PUBLIC
NOTARY PUBLIC- MINNE30TA
HENNEPIN COUNTY
MY commissbn expirea&12-00
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