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A RSSOLOTION GRANTING
A CONDITIONAL DSF PBRI�IIT
P8R MONICIPAI� 80NING CODE
SECTION 10.31, SDBDIVISION 3 (C)
AND VARIANCBS TO S$CTION 10.22, SDBDIVISIONS 1 i 2
FIL$S #1606 � 1660
� iA1HEREAS, Thomas �'s Judd, an authorized ager,t of Big
Island Inc., a Minnesota corporation, (hereinafter "the
applicant") has an interest in the property located on Big
Island, Orono classification, Record Lots 12 and 19, within the '
City of Orono (hereinafter "City") and legally described as
fvllows:
Ref er to Exhibit A, attached (hereinaf ter "property"); and
WHER$AS, per Section 10.31, Subdivision 3 (C) the
applicant has applied to the City of Orono for a conditional use
permit to al low a day use recreation area with occasional over-
night camping at a maximum user level of 100 and variances to
Section 10.22, Subdivisions 1 and 2 that would allow the repair
af an existing swimming dock/deck located within the 0-75' lake-
shore protected area where no structures or hardcover are
allowed.
NOW, TH$RSFORB, B$ IT R$SOLV$D by the City Council of
Orono, Minnesota:
FINDINGS
1. These applications were reviewed as Zoning Files #1606
and 1660.
2. The property is located in the RS Seasonal Recreational
. Zoning District. Per Section 10.31, Subdivision 3 (C)1 -
One acre in area is needed for each 20 users. The day use
recreation facility will be limited to 100 users based on
the existing 5.02 acres.
3. On July 15, 1991, the Orono Planning Commission reviewed
the applications as proposed and recommended approval based
on the following findings:
T�ANS�fR �I'fEREt�
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'� ` G~' RESOLUTION OF THE CITY COUNCIL
��kESH�g'� NO. 3 0 0 6
A) The 5.02 acre site is large enough to support a day
use recreation area and occasional overnight camping
use without any adverse effect upon the lake or upon
the adjacent wetlands located within the western
portion of the subject property.
B) The proposed use will have no negative impact upon
the neighboring adjacent properties.
C) Based on the proposed level of use, the fire
protection system developed by the Orono staff for Big
Island and the bylaws developed by applicant will
� provide the necessary precautionary steps to maintain
the public safety and welfare.
D) The proposed use wi 11 require no variances to the
required standards set forth in Section 10.31,
Subdivision 3 (C).
E) The existing dock/deck will not be expanded and
will maintain its present configuration. The dock
shall sustain structural repairs only.
F) The only f lat usable land portion of lakeshore is
15-20' above the lake level . The swimming dock
provides area for parents to supervise children
swimming in lake.
G) The large, rocky shoreline prevents persons from
using existing shoreline.
4. The City Council finds that granting a conditional use
permit to allow a day use recreation area with occasional
overnight camping will not be 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.
Page 2 of 5
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'� G RESOLUTION OF THE CITY COUNCIL
��kESHOg'� NO. 3 0 0 6
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 for the repair of an existing swimming dock would
not adversely affect traffic conditions, light, air nor pose
a fire hazard or other danager to neighboring properties;
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.
6. The City Council has considered these applications
including the findings and recommendations of the Planning
Commi s sion, reports by staf f and comments of the app 1 i cant
and the affect of the proposed use on the health, safety,
� and welfare of the community.
CONCLDSIONS, ORDER 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 10.31, Subdivision 3 (C) to permit a day use
recreation area with occasional overnight camping at Record Lots
12 and 19, Big Island, for Big Island Inc., subject to the
following conditions:
1. Big Island Inc. shall be limited to 15 slips at the
shared joint use docl�. Any attempt to increase the number
of slips shall require an amendment of this conditional use
permit and the filing of a new conditional use permit with
the appropriate notice to adjacent property owners.
2. Applicant shall file a special lot combination of Record
Lots 12 and 19 with the City.
3. If at any time a special activity results in the
attendance of more than 100 users at the facility, a
responsible agent of the association shall apply for a large
assembly permit at the City of Orono.
Page 3 of 5
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`q�i'ESgOg'�� NO. 3 0 0 6
4.== �gp�icant to provide transport to Big Island for annual
inspection of existing septic system to determine if
existing system meets needs of approved day use recreation
area.
5. Applicant shall provide immediate fire protection for
fire ring shown on site plan. Such protection is subject to
the special standards developed for Island recreation areas
by the City of Orono's building department. This protection
shal i consist of a suppl r� ef sa.^.d, water, bucket and
blanket.
6. Applicant shall be responsible for submitting all
proposed changes in bylaws related to membership to City for
review prior to formal action by board of Big Island Inc.
7. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be completed within one year of the date of Council
approval or the special conditions of this resolution will
expire on that date (August 26, 1992).
8. 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.
9. The undersigned representative of Big Island Inc. has
read, understood and hereby agrees to the terms of this
resolution and on behalf of Big Island Inc., its successors
and assigns , hereby agrees to the recording of this
resolution in tne cnain oz tit:te oi the property.
Adopted by the Orono City Council on this 26th day of
August, 1991.
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o thy . H lin ity Clerk Barbara A. Peterson, Mayo�.
Edward J. Callahan, Jr. , Acting Mayor
�.�, Thomas ��. Jud an Authorized Agent of Big Island Inc.
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Page 4 of 5
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�ESIIO _ _ _ NO. 3006
STATE OF MINNESOTA ) .
) ss. * Edward J. Callahan, Jr.
COU�JTY OF HENNEPIN ) Acting Mayor
The foregoing instrument was acknowledged before me on
this 26th day of August, 1991, by $�4j��'��i/.��/�'Q'#C��`,���i & Dorothy
t�t, Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
anunicipal corporation and said instrument was executed on behalf
of the City.
LINDA S. VEE
NOTARY PUBLIC - MINNE30TA �.. �
HENNEPIN COUNTY '
My commisslon explres 8-12-98 t �f�/
Nota y Public
�Tl�TE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
O�x thi s /(o�th day of Q�,r; � , 19 9 z,
b�fore me a Nota�ry Public within and or said county, personal ly
,�,�,v a��eared Thomas �. Judd, an authorized agent for Big Island Inc,
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.
�(1/Y_e�f� �. ( ,f'•,�,�.��i�z��
��R�� Notary Public
HENNEPIN COUMY
MV COMAlISSION EXPIRES&23�96
Page 5 of 5
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RESOLUT�ON #3006
� EXHIBIT A
All that part of Lot 1 , Rearrangement of Lot 1 , Kitchel' s
Subdivision of Government Lots 5 and 6 in Section 22, Township 117,
Range 23, Hennepin County, Minnesota lying souznwesteriy oi a lin�
running from the northwesterly most corner of Lot 7, said
Rearrangement of Lot 1 , Kitchel' s Subdivision, to the midpoint of
the northwesterly line of said Lot 1 , said Rearrangement of Lot 1 ,
Kitchel ' s Subdivision, and also all of Lots 6, 7, 8, 9, 10, 11 , 12,
13, 14 and 15, Rearrangement of Lot 1 , Kitchel ' s Subdivision of
Government Lots 5 and 6, Section 22, Township 117, Range 23,
Hennepin County, Minnesota.
Lots 2, 3, 4, 5 and that part of Lot 1 , lying Northeasterly of
a line running from the most Northwesterly corner of Lot 7 to the
midpoint of the Northwesterly line of said Lot 1 , all in
Rearrangement of Lot 1 , Kitchel ' s Subdivision in Government Lots 5
and 6 in Sec. 22, T. 117, R. 23, according to the recorded plat
thereof on file and of record in the office of the County Recorder,
Hennepin County, Minnesota.
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RESOLUTION #3006 .
STATE OF MINNESOTA )
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COUNTY OF HENNEPIN )
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CITY OF ORONO ) �
I Dorothy M. Hallin , City Clerk of the City of Orono , Hennepin
County , Minnesota , do hereby certify that I have compared the
fore�going copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held �
on August 26 , 19 91 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof � I have hereunto se�t my hand and seal this
. 28th , day of gust , 1991
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