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Home My WebLink AboutResolution 2868 6 u .� . i I � 1 � C�t o� ORONO � � _ l �' , • �� :'�n`..,r..Fh;�^+ ' �� RESOWTION OF THE CITY COUNCI L I -.:,�:„� -�y.;��.� :,�'�" NO. ��R ,. . • • �L^ A RESOLUTION GRANTING A CONDTIONAL DSE PERMIT PFR MUNICIPAL ZONING COD$ SECTION 10.03, SUBDIVISION 19 AND S$CTION 10.55, SIIBDIVISION 9 (B3) AND VARIANCES TO MIINICIPAL ZONING CODE SSCTION 10.22, SQBDIVISION 2 AND � SECTION 10.55, SUBDIVISION 8 FIL$ #1572 WH$REAS, Gunther and Gertrud Noexting (hereinafter "the appl.icants) are the owners of the property Xocated at 1060 Tonkawa Road within the City of Orono (hereinafter "City" ) and XegalXy � described as Lot l, Bxock l, Ryanwood, Hennepin County, Minnesota (hereinafter "property") ; and . WHEREAS, the appxicants have made app�.ication to the City of • Orono to permit the instaxXation of a permanent dock per MunicipaX Zoning Code Section 10. 03 , Subdivision 19 and Section 10.55 , Subdivision 9 (B3 ) and variances to Section 10.22, Subdivision 2 and Section 10.55, Subdivision S to al.Xow excavation of the Xakeshore to permit the install.ation of support ties �to maintain 6' x 12' dock section cantixevered from Xakeshore bank; •� NOW, THEREFORE, BE IT RESOLVED by the City Councix of Orono, Minnesota: . � FINDINGS � 1. This appl.ication was reviewed as Zoning FiXe #1572. . � 2. The property is xocated in the LR-1B Single Famil.y Lakeshore ResidentiaX Zonin,g District requiring 1 acre in area. The property consists of approximateXy 1 acre in area. 3. The Orono Pl.annin�g Commission reviewed this appxication on August 20, 1990, and recommended approval. of the proposed variances and conditionaX use permit as proposed based on the foXXowing findings and hardship: a. The appl.icants propose no change in existing bank eXevations or for drainage. • Page 1 of 5 ` . , ' � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL • NO. 2868 � - • • Y ,�. b. No permanent hardcover is proposed within the lakeshore � protected area. c. The substructure/underground support ties are 5' to 6' below finished grade providing adequate treatment area for surface run-off. d. A permanent dock with pilings had been installed in 1984 and was destroyed in 1986 by the unusual � pressure/shifting of the ice along this portion of shoreline on Maxwell Bay. ' e. The applicant had received approval for a similar permanent dock section in 1987. The current proposal proposes a less intense and greatly reduced permanent dock section. 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply general ly to other • property in this zoning district; that granting the variance wou ld not adverse ly af fect traf f ic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; � would not merely serve as a convenience to the applicant, but is necessary to al leviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the installation of a permanent dock 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 it depreciate surrounding property values 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. � . CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55 , Subdivision 8 to allow the temporary alteration of land within the lakeshore protected area and • Page 2 of 5 . ; < , , Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL • NO. 2868 • - • • .;� �: grants a conditional use permit for the installation of a permanent � dock per Section 10.03, Subdivision 19 and Section 10.55, Subdivision 9 (B) (3), subject to the following conditions: 1. Permanent dock section to be installed such that it does not exceed a height of 932.4' , 3' above the OHM elevation of Lake Minnetonka at 929.4', and access stairs extending to permanent dock section shall not exceed the al lowed 4' in width. • 2. Area of excavation to be backfil led with granular/sandy loam soils. City to approve the type of soils to be used in filling. • 3. 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 the special conditions of this resolution will expire on that date (September 10, 1991). 4. 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 autho'rity granted , herein, and shall be punishable as a misdemeanor. 5. 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. Page 3 of 5 • • � . y. ' y, ' � Clt� o� ORONO • ,"t� � RESOWTION OF THE CITY COUNCIL >>, . `r � NO. 2868 '�� • ,�;;z:. x_ Adopted by the Orono City Council on this lOth day of � September, 1990. A EST: �f ' ` Dorothy . Hallin, City Clerk Jam s R. Grabek, a=� r � _ I ,�..__. � ��,�;�o � �,o ,�,� ��,, Property Owner(s ) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged, before me on this • lOth day of September, 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. THERE3A 4 NAAB �L� {30TARY PUBUC�MINNESOTA � �E�„��ua�+N� Notary Public �= �'� 9� My Commission Expires Page 4 of 5 • � � , y � , h ' � .S, � ' 1 . .. � Cit o��ORONO � � 3' . • �rt� ` RESOLUTION OF THE CITY COUNCIL y � , �� NO. 2868 . • - • • . ��..,y�,: � STATE OF MINNESOTA � .� ) ss. COUNTY OF HENNEPIN ) � On this �� day of ��`D�� , 199� bef ore me a Notary Pub 1 i c within and f or sa� county, pers ona 1 ly appeared �,-�,��^ ��- �1'2r�''�,�,d�'•�e l�`n��VVl0.in/'i P known to me to be the person(s ) described in and 'wno execu�ed the foregoing � instrument,� and acknowledged that he (they) executed the same as his (their) free act and deed. � /�� NOTARY PUBLIC 7HERE3A L. NAAB �HENNEPIN COUNTYTA • �y �pmmission expi�ss 9-8-92 . � � MY COMMISSION EXPIRES ' 1 STATE OF MINNESOTA ) }ss. . • COUNTY OF HENNEPIN ) On this day of . � _, 199 , before me a Notary Public within and for said County, personally appeared 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) fxee act and deed. NOTARY PIIBLIC � . MY COMMISSION EXPIRES � � Page 5 of 5