HomeMy WebLinkAboutReso 3200 - 3299 (November 9, 1992 - June 23, 1993) o .
� �" CITY of ORONO
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A RESOLUTION GRANTING VARIANCES
TO MUNICII'AL ZONING CODE
SECTION 10.03, SUBDIVISION 14 (C), SECTION 10.22, SUBDIVISION 1 (A),
SECTION 10.22, SUBDIVISION 1 (B) AND ,
SECTION 10.22, SUBDIVISION 2
� FILE NO. 1826
WHEREAS, Ann M. Henson and Robert F. Henson, Jr. (hereinafter "the
applicants") are owners of the property located at 2166 Shadywood Road within the Ciry of
Orono and legally described as follows:
, � � Lots 19 and 20, Block 1, Wiley's Park, Hennepin County, Minnesota (hereinafter
"the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
• Zoning Code Sections 10.03, Subdivision 14 (C), Section 10.22, Subdivision 1 (A), Section
10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the construction of a 24'
x 26' attached garage addition to be located at the street side of the residence and an 8' x 25'
grade-level.deck to be installed at the lakeside, portions of which will be located in front of the
average lakeshore setback line where no such encroachment is allowed, said structure will be
located 67' from the shoreline where the existing residence is 71'. 6" and where a 75' setback
� is required, both the deck and garage will require hardcover variances as proposed deck located
within the 0-75' setback zone will result in total hardcover of 229.5 s.f. or 4.7% where 321 s.f.
or 6.7% exists and where none is allowed. The attached �arage proposed within the 75-250'
setback zone will result in 5,621.5 s.f. or 46.8% hardcover where 10,095.3 s.f. or 84.11%
exists and where 3,001 s:f. or 25% is allowed and all proposed and existing structural
improvements will result in 3,466.6 s.f. or 18.3% where 2,826 s.f. or 15% is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1826.
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2. The properiy is located in the LR-1C Lakeshore Residential Zoning District
requiring one-half acre in area or 21,780 s.f. The subject property consists of
18,843 s.f.
� 3. The Orono Council reviewed this application on June 14, 1993 and recommended
conceptual approval of the proposed variances based upon the following findings:
A. Hardcover improvements on the property exist at 10,095.3 s.f. or
84.11%. The applicants propose the removal of existing improvements
with final hardcover proposed at 5,621.5 s.f. or 46.8%. The proposed
improvements will result in a total hardcover reduction within the 75-250'
setback area of 4,473.8 s.f. or 37.2%.
B. The applicants' properry is severely impacted at the time of heavy rai.nfall
from the County storm sewer that overflows in their lakeshore yard. The
• applicants' front yard is unstable because of moisture content during
summer months restricting use of outdoor lawn furniture.
C. The street yard tennis court will be removed and replaced with a grassed
. yard that will provicle additional absorption area for runoff from County
road and overburdened storm sewer at tunes of heavy rainfall.
D. The existing residence has no basement and needs additional storage area
provided by the existing detached garage withi.n the street yard.
E. The existing garage and backout apron at higher elevations provide visual
privacy and a sound banier to the heavily trafficked adjacent Counry road.
4. The City Council fmds that the conditions e�cisting on this property are peculiar
to it and do not apply generally to other properry in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properry; 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 properry
right of the applicants; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
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5. The City Council has considered tlus application including the reports by City
staff, comments by the applicants and the effect of tlie proposed variances on the
health, safety and welfare of the community.
CONCLUSIONS, 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 24' x 26' attached garage and an 8' x 25' grade-level deck for the properry
. located at 2166 Shadywood Road, subject to the following conditions:
1. All hardcover removals as set forth on Page 6 of this resolution shall be
completed prior to the final inspection for the new construction..
2. Upon application for a building permit, applicant shall provide a grading/drainage
• plan for entrance/curb cut improvements at Counry road for the installation of the
new driveway. Applicants shall also include with building permit application
information the County permit approving proposed alterations.
� 3. Applicants shall grant a 5' drainage easement along the northwest side lot line of
" the properry to allow for future improvement of the County drai.na.ge facility that
exists on the adjacent properry. Applicants shall install drive such that 5'
drainage easement will not be encroached.
4. Authorities granted by this variance run with the properry not with the applicants,
but are permissive only and must be exercised by application for a building
pernut within one year of the date of Council approval, or this variance will
expire on that date (7une 28, 1994).
5. Violation of or non-compliance with any of the terms and conditibns of this
resolution shall constitute a violation of the zoning code, shall automatically
terminate any authoriry granted herein, and shall be punishable as a misdemeanor.
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O .. O CITY of ORONO
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6. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the
ProPertS'• . .
Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 28th day of June, 1993.
ATT ST:
Dorothy M. a in, City Clerk Edward J. Call an, Jr., Mayor
• � � �/vt�f , ���' "
roperty wner (s) � _�- �
STATE OF MINNESOTA ) . � . �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 28th day of June,
1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
Notary Public_ �
CAR01.E A. HASEMAN
NOTARY PI�L�G—MR�WESOTA
HENNEPIN COUNTY
MY COMMtSS10N EXPIRE9 6�98
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this j� `�` _day of , 199 3 before me a Notary
Pu ic within.and for said county,perso y a eared /= �, � �'/• ����-
,� � known to me to be the person(s) descri ed in and who executed
the foregoing ins ent, and acknowledged that he (they) executed the same as his'(their) free
act and deed.
M JAMIE L.BOSMA �
."�.• :4 NOTARY PUBLIGMINNESOTA :
'.,,,� � �,���� NOT Y PUBLIC
•
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) free
act and deed.
� NOTARY PUBLIC
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A RESOLUTION GRANTING VARIANCES
TO MiJNICIl'AL ZONING CODE
�SECTION 14.03, SUBDIVISION 14 (C),
SECTION 10.22, SUBDIVISION 1 (B) AND SUBDIVISION 2
FILE NO. 1831
WI�REAS, Edward Engler (hereinafter "the applicant") is the owner of the
property located at 3450 Birch Lane within the City of Orono and legally described as follows:
refer to E�ibit A, attached (hereinafter "the properry"); and
� WHEREAS, the applicant has applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 14 (C) for structural improvements to the property that
will result in 3,383 s.f. or 15.6% structural coverage:where only 15% is allowed, per Section
10.22, Subdivision 1 (B) where a 12' x 20' lakeside addition will encroach 21' beyond the .
• average lakeshore setback line and the east side 16' x 24' addition will encroach 12' beyond the
average lakeshore setback line where no such encroachment is allowed and proposed
unprovements will result in 221 s.f. or 2.93% hardcover in the 0-75' setback area where 353
s.f. or 4.68% exists and where none is allowed and a hardcover variance within the 75-250'
setback area at 6,119 s.f. or 43.43% where 6,185 s.f. or 43.89% exists and where 3,522.5 s.f.
or 25% is allowed. � .
NOW, THEREFORE; BE IT RESOLVED by the City Council of Orono,
Minnesota: �
FINDINGS
1. This application was reviewed as Zoning File #1831.
2. The property is located in the LR-1C Lakeshore Residential Zoning District
requiri.ng 21,780 s.f. or one-half acre in area. The properry consists of 21,630
s.f. or .496 acres. .
. 3. The Orono Planning Commission reviewed this application on June 21,.1993 and
recommended approval of the proposed variances based upon the following
findings:
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A. Applicant proposes the removal of 132 s.f. or 1.75% of hardcover withi.n
�
the 0-75' setback area. Total hardcover will remain at 221 s.f. or 2.93%
B. Hardcover within the 75-250' setback area has been maintained at
43.43%. There already exists 43.89%.
C. 1,960 s.f. or 13.9% of the existing hardcover within the 75-250' setback
area shown as asphalt driveway serves as an additional area for snow
storage and tumaround for City vehicles.
D. The age and condition of foundation of existing residence structure will
not allow for an upward expansion.
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 variance on the health, safety and
welfare of the community.
5. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generally to other properry in this zoning district; that
granting of 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 properry
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, 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 perm.it the
construction of a 12' x 20' lakeside addition and a 16' x 24' east side addition to the e�sting
residence, subject to the following conditions:
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� �' � CITY of ORONO
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1. Applicant shall agree to continue to allow the City to use asphalt driveway area
as shown on survey dated March 19, 1993, revised May 21, 1993, for turnaround
use of snow plows and shall continue to allow the storage of snow during the
winter months on the areas defined on that same survey included as Page !a of
this resolution.
2. Applicant shall provide a detailed grading and drai.nage plan with the application
� . information for building permit for new construction.
3. Authorities granted by this variance run with the properry 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 (June 28, 1994).
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 authority 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•
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Adopted by the City Council of the City of Orono, Minnesota at a regular meeting
held on the 28th day of June, 1993.
A T:
,
c� • � y
D othy . ' , City Clerk Edward J. C ll n, Jr., Mayor
Properry Owner (s)
• STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
` The foregoing instrument was acknowledged before me on this 28th day.of June,
1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City. .
� � / GL_
:;,_",•.A JAMIE L.BOSMA Nota ' Public
� NOTARY PUBLIC-MINNESOTA
: ' � HENNEPIN C011NTY
`,"•`'f MY Comm.Exp(res 12-19-97
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STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
On this � � day of �(.�� � 199 3
before me a Notar Public within and f r aid county, personally
appeared �,,�ard • �n Ier � onn-e /Yl. �'n l�� crs � a,nd cu:-�e �
known to me to be th person(s) desc ibed in and who executed t e
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
LINDA S. VEE �U � U��J
. NOTAHY PUBLIC - MINNESOTA
HENNEPIN COUNTY Not r Public
My commission explres&12-98 y
STA ` MI .
) ss.
� COUNTY OF HENNEPIN )
On thi s day of , 19 9
before me a Notary Public within and for said county, personat�
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) free act and� deed. � . .
Notary Public
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EXHIBIT "A"
That part of the northeasterly half of Lot 18, "Lydiard's Park" Lake Minnetonka, lying
northwesterly of a line parallel with and distant 197.5 feet Northwesterly from that certain dotted
line shown on the plat of said "Lydiard's Park" Lake Minnetonka, which dotted line is drawn
at an angle of 88� to the northeasterly side line of said lot and intersects said side line at a point
�
distant 85 feet Northwesterly from the Southeasterly corner of said Lot; and that part of the
Southwesterly half of said Lot 181ying Northwesterly of a line drawn parallel with and distant
222 feet Northwesterly from the base line as shown on the original plat of "Lydiard's Park"
Lake Minnetonka, Hennepin County, Minnesota.
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A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE �
SECTION 10.03, SUBDIVISION 9 (D)
FILE #1832 �
WHEREAS, Scott A. Mabusth and Jeanne A. Mabusth (hereinafter "the
applicants ) are owners of the properiy located at 750 North Brown Road within the City of
��
Orono (hereinafter "City") and legally described as follows:
That part of Govemment Lot 1, Section 34, Township 118 North, Range 23 West of the
Fifth Principal Meridian described as follows: Commencing at a point on the west line
of Government Lot 1 distant 133.00' south from the northwest corner thereof; thence
• �continuing south along said west line 458.70'; thence east at right angles 344.14'; thence
north at right angles to the southerly line of Registered Land Survey 1275; thence
westerly along said southerly line of Registered Land Survey 1275 to the point of
beginniug; all in Hennepin County, Minnesota. (hereinafter "the properry"); and
W�iEREAS, the applicants have applied to the City for a variance to Municipal
Zoni.ng Code Section 10.03, Subdivision 9 (D)� to permit the construction of an accessory
building to be located nearer the front lot line than the principal residence structure on the
properry, where no accessory buildings are normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the Ciry Council of Orono,
Minnesota:
FINDINGS .
1. This application was reviewed as Zoning File #1832.
2. This properry is located within the LR-lA, Single Family Lakeshore Residential
Zoni.ng District. �
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3. The Orono Planning Commission reviewed this application on June 21, 1993, and
recommended approval based on the following findings of fact, hardships, ,and
practical di�culties:
A. The topography drops severely to the rear or east of the residence
. structure.
B.� The more gentle sloped area to the immediate north side of the residence
is occupied by a wild flower garden originally designed and planted by
Edmond Phelps.
C. The proposed shed shall be placed withi.n the footpri.nt of the existing shed
on the property, and will not require the removal of existing mature trees.
• D. . The street setback for the zoning district is 50'. The residence is located
162' from the street lot line, and the proposed structure will be placed
146' from the street lot line.
E. The e�sting and proposed sheds are placed in a strategic or functional
location, adjacent to the work yard and gravel driveway. � �
F. The mature plantings on the properry specifically evergreens, provide year
round screening from adjacent properties.
G. The placement of the shed is consistent with the pattern of development
of the older established properties adjacent to North Brown Road.
4. Moving the proposed shed location further east to meet the residence structure
setback would place the shed in a drainageway that drains the driveway area.
Further, the existing screening is of a location and nature such that the shed will
have no visual impact, will not be obtrusive and will be virtually invisible from
the road and neighboring properties in all seasons. �
• Page 2 of 5 �
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� CITY of ORONO �
• O .''r�. �. O •
m�=� . RESOLUTION OF THE CITY COUNCIL
,� � ��r� .,> ,:� � . No. � � � �1 -�
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ti
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5. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments�
by the applicants and the effect of the proposed variance on the health, safety and
. welfare of the community.
6. The Ciry Council fmds that the conditions existing on this property are peculiar
to it and do not apply generally to other properry in this zoning district; that
granting the variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighbori.ng properry; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial properry �
right of the applicants; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City. � �
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon the above fmdings, the Orono City Council hereby grants a variance
to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit the construction of a
10'x16' accessory shed located nearer the front lot line than the principal residence building on
the properry, subject to the following conditions:
1. Authorities granted by this variance run with the properry not with the owners,
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 (June 28, 1994).
2. 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
. termi.nate any authority granted herein, and shall be punishable as a misdemeanor.
3. The undersigned applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
. hereby agree to the recording of this resolution in the chain of title of the
properry. -
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O .. . O _ CITY of ORONO .
• - � � :��=� RESOLUTION OF TI� CITY COUNCIL
� s��� �.T ',,, ' .
� � �. ,a;� �ti NO. � � � �
'��`9�' Og'�G
ESH ,
Adopted by the Orono Ciry Council on this 28th day of June, 1993.
AT ST: .
�
;
Dorothy allin, City Clerk Edward J. Call , Jr., Mayor
�
Property Owner(s)
�
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN ) � � .
The foregoing instrument was acknowledged before me on this 28th day of June,
1993, by Edward J. Callahan, Jr. & 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. .
Notary Public
CAROLE A. HASEMqN
N07ARY PUBLIC—MIPpVES07A
HENNEPIN COU(V'ry
MY COMMISS�ON EXPIRE9 G2398
• . Page 4 of 5
ro�saas a�ao�o
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� �' � � CITY of ORONO
O .,� O :
� �:�.=� RESOLUTION OF THE CITY COUNCIL �
�, ��'� ' `:.� �„ i No. � 2 � � �
1 b�-� �
Y �
'��`9�t" Og'�G .
E38
STATE OF MINNESOTA )
. ) ss. �
COUNTY OF HENNEPIN ) .
' f
On this o?�`� day of ��,c�r� , 199 3 before me a Notary
Publicwithi.nandforsaidcounty,personallyappeared Scoff �� /j'labr��� a�' �l��anhe
, �,� �n h���,/� ,��,rr�;P�{ l�own 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. � �
;
,
LINDA S. VEE ' U��
1' ' . N07ARY PUBLIC - MINNESOTA �� � �j
� HENNEPIN COUNN . `
.
My commisston explres&12-88 NOTARY�PUBLIC
f
� (
�
. �
�
� . . .
{ '
STATE OF NIINNESOTA ) � . � �
�) ss. � I �
COUNTY OF HENNEPIN )
On this day of , 199_before me a Notary
Public wittun and for said counry,personally appeare d
known to me to be the person(s) described in and who executed
the foregoing i.nstrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
� � .
NOTARY PUBLIC
�
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� O� , .
O . O CITY of ORONO
• ��� ���' '�� RESOLUTION OF THE CITY COUNCIL
r� ���' .? ,�,� � � �
,� � �Y. �� �, N0. � �
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'�'�9 g�G . '
k'ESI;�
� A RESOLUTION GRANTING
A VARIANCE PER
MUNICIPAL ZONING CODE
SECTION 10.55, SUBDIVISION 19
AND A CONDITIONAL USE PERMIT PER
SECTION 10.03, SUBDIVISION 19
FILE NO. 1838
WFIEREAS, Robert H. Owens (hereinafter the "applicant") is the owner of the .
property located at 1700 Bohn's Point Road within the City of Orono (hereinafter "Ciry") and
legally described as: '
�
. �
Exhibit "A", attached (hereinafter "properry"); and '
WI�REAS, the applicant has applied for a conditional use permit per Municipal
Zoning Code Section 10.03, Subdivision 19 for land alterations in excess of 100 cubic yards and
� for the installation of retaining walls not to exceed a 4' height to be installed within the
lakeshore protected area where no such alterations or structures are allowed per Section 10.55,
Subdivision 8. '
i �
NOW, THEREF01tE� BE IT RESOLVED by�the City Council of Orono,
Minnesota: � �
;
FINDINGS
i 1. This application was reviewed as Zoning File #1838.
� 2. The property is located in the LR-1B Lakeshore Residential Zoning District
:
� �
`• requiring one acre in area. ;
' 3. The Orono Planning Commission reviewed this application on June 21, 1993 and
q recommended approval of the proposed variance to Section 10.55, Subdivision 8
' and per Zoning Code Section 10.03, Subdivision 19 recommended approval of
� a conditional use permit for land alterations and the installation of retaining walls
� within the lakeshore protected area based on the following findings:
� ! ,
,�
� .
i :
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O .. - . O CITY of ORONO .
• �';;�=� RESOLUTION OF 1'HE CITY COUNCIL �
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a. The existing lakeshore bank has sustained severe damage and may result
in the complete collapse of the bank.
b. Repairs of the steep bank completed in 1987 have failed.
c. The plan provides for the installation of 3-1 sloped banks adjacent to the
tiered walls section allowing for easy maintenance and to facilitate
restoration of ground cover.
d. Hardcover within the 0-75' setback area exists at 804 s.f. or 7.4% and is .
now proposed at 888.6 s.f. or 8.2%.
4. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply generally to other properiy in this zoning district; that
granting the variance would not adversely affect tra�c 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 alleviate a
demonstrable hardship or difficulty; is necessary to preserve a substantial properry
right of the applicant; and would be in keeping witY� the spirit and intent of the
Zoning Code and Comprehensive Plan of the City. . .
5. The Council finds that granting a conditional use permit to allow the installation
of retaini.ng walls and the necessary land alterations within the lakeshore yard
will not be detximental to the health, safery 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 properry values
and that the proposed level of use of the properry will be in keeping with the
intent and objectives of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDI'I'IONS
� Based upon one or more of the above findings, the Orono City Council •hereby
grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and per Section 10.03,
Subdivision 19 grants a conditional use permit to permit grading improvements and the
installation of two tiers of Allan Block retaining walls within the lakeshore protected area where
no such encroachment is allowed and per plans by GME Consultants, Inc., Project No. 3766-A,
• . Page 2 of 5
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O� �',
� CITY of ORONO °�
O � O ��
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• �°����=� . RESOLUTION OF THE CITY COUNCIL �'
�, � �� ����� �, No. � 2 � � ,..
� `� G� � � ���;
���'E38og'�'
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i
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dated June 1993 subject to the following conditions: �
1. Erosion control to be maintained on property before any land alterations �
� commence and to be maintained until ground cover is restored. '�
2. Upon application for a building permit, applicant shall provide a landscape �'
schedule for plantings that will provide a buffer for block walls to minimize ,
impact .upon the lakeshore view. Applicant shall plant vines adjacent fo
;:
foundation of concrete block patio at bluff of lakeshore bank. The existing �
planter box at the bluff of the bank shall be removed as a result of the installation .
of these retaining walls. �
3. Authorities granted by this resolution run with the property not with the owner,
but are permissive only and must be exercised by application for a land alteration '
permit within one year of the date of Council approval or this ��
! variance/conditional use permit will expire on that date (June 28, 1994). �
i
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 authority granted herein, and shall be punishable as a misdemeanor. '
� 5. The undersigned applicant has read, understood and hereby agree 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 Orono City Council on this 28th day of June, 1993.
A EST:
� �
, ;
, ,�- :`
,
Doi thy M: in, City Clerk Edward J. Calla n, Jr., Mayor �
Owner(s)
• Page 3 of 5
- . � - . . Farm 5005 Dlsk Orono
�, , . .
� O�
O .. � O CITY of ORONO
• � �?��=� . � RESOLUTION OF TI� CITY COLTNCIL
1� t�� •,3.:;'. I�I
,�, � ��. �� ti No. 3 2 � � _�
. �, ti
����, Og�G .'
Es8 .
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
The foregoing insmiment was acknowledged before me on this 28th day of June, 1993, by
Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono,
a Minnesota munici al co oration and said instrument was executed on behalf of the City.
M• JAMIE L.BOSMA �
�•.' ` • WpTARY PUBUC-MiNNESOTA
•�- HENNEPIN COUNTY
'�,�� My Comm.�Cpires 12-19-97 No bliC
STATE OF MINNESOTA )
) ss. .
COUNTY OF HENNEPIN )
• On this a a� day of , 199�,before me a Notary Public ,
within and for said Counry,perso 1 y appeared ' � . ,�%`�� �L-
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. �
LINDA S. VEE .
� y NOTARY PUBLIC - MINNESOTA — . //
� ,. ` M Homm E PW eC0 gNT 2.� lv '•• �/��
Y P
Notary Public
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) free act and deed.
Notary Public
• - Page 4 of 5
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,
� O� .
O :. . p CITY of ORONO
� � �;��=� RESOLUTION �,�I� .ITY COUNCIL
a � . , .3 .� � NO. °" � �'� � _
�� � �' Gtiti .
���EsB�g'�
�RESOLUTION DIRECTING STAFF TO
ISSUE A JOINT USE DOCK LICENSE
TO NAVARRE COVE HOMEOWNERS ASSOCIATION
SUBJECT TO CONDITIONS NOTED HEREIN
FOR THE PERIOD OF JANUARY 1, 1993 TO DECEMBER 31, 1993
WHEREAS, the City of Orono, hereinafter "City" is a municipal corporation
organized and existing under the laws of the State of Minnesota and has the authority and
responsibility under Minnesota Statutes, State Statute 412, et. seq. and State Statute 462, et.
seq., to protect the health, safety, and general welfare of the citizens of the City and other
members of the public within the Ciry; and
WI�REAS, the City shares concurrent jurisdiction over the primary harbor limit
of the City of Orono with the Lake Minnetonka Conservation District and the Department of
Natural Resources of the State of Minnesota; and _
�,� WHEREAS, the regulation of the navigable waters involves an exercise of police
power of the State, LMCD, and the City of Orono, all of which have adopted rules to ensure
to all equal enjoyment of the public rights and equal protection from activity on or near the
public waters and on the land within the City which, if unregulated, may be detrimental to the
public health, safery and general welfaze; and � �
WI�REAS, the regulations of the DNR, LMCD, and the City of Orono regulate
the property rights of the riparian owners both as to residential owners and the commercial
marina owners to the extent prohibiting any interference with the public waters adjoining their
properry. The LMCD, DNR and City of Orono must fulfill their trusteeship over the public
waters by protecting against interference by anyone, including those who assert the commonlaw
rights of riparian owners,,whether or not they be commercial marinas or residential owners;
WHEREAS, as to Lake Minnetonka, a mutual right of enjoyment exists between
and is shared by riparian owners and the public generally, no one riparian owner has exclusive
privileges over Lake Minnetonka. The only additional private right that any riparian owner may
have over the public generally is to construct one dock to the navigable depth of the public
waters. There can be no dispute but that the public generally and each riparian owner to Lake
Minnetonka has the right to use the entire surface area of Lake Minnetonka for all suitable
purposes in common with all other riparian owners. This right is a right not only to members
of the public but the right to each riparian owner.
�i This mutual right of enjoyment which is shared by riparian owners and the public generally
includes the recreational benefits of the lake such as boating and fishing therein; the riparian
owner has no exclusive privileges to these rights; and
Page 1 of 2
� ' . . Fam5005 DiskOrono
� ��
O :. O CITY of ORONO
• `�°?e�=� . ' RESOLUTION OF THE CITY COUNCIL
� �� �� �v
�,� Y ,..,�� ��, NO. �� � oA
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��kE8�I�g'�
WHEREAS, Lake Minnetonka is capable of substantial beneficial public use only
as long as all riparian users of the lake are regulated in such a way as to ensure there is no abuse
of the lirnited riparian rights; and
WHEREAS, the City has adopted reasonable regulations regarding the
construction and use of lakeshore and dock facilities when such facilities are used and maintained
by three or more families, which regulations include the annual licensing of Joint Use Docks
pursuant to Section 5.42 of the Orono Municipal Code; and ..
WHEREAS, the purpose of this Resolution is to set forth the above noted general ,
conditions and concerns and the following special conditions as they relate to an application for
an annual Joint Use Dock License described on E�ibit A attached,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City
of Orono hereby directs the Staff to issue a Joint Use Dock License according to the facts and
conditions noted on E�ibit A attached.
• � Adopted by the City Council of the City of Orono at their meeting on the28th day
of June, 1993.
�.
Edward J. Ca1la�jan, Jr., Mayor
ATT T: �
�� �
orothy M. H lin, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was�acknowledged before me on this 28th day of June,
1993 by Edward J. Callahan, Jr. & 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.
�
• LINDA S. vEE Notary Public •
NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY •
� My commisslon expires 8-12-98
� .Page 2 of 2
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CITY OF ORONO
• EXHIBIT A �
RESOLUTION NQ��
CONDITIONS OF ISSUANCE FOR ANNUAL JOINT USE DOCK LICENSE
I. LICENSEE: Navarre Cove Homeowners Association
Dock Address: 2505 Kelly Avenue . �
Agent: Daniel T. Lindsay, % Kim Goebel
Address: 100 South Sth Street, Suite 2500, Minneapolis, MN 55402
Licensee is: unincorporated homeowner's group
X incorporated homeowner's association
unincorporated club or recreation group .
, incorporated club or recreation group
: other
License Period - January 1, 1993 to December 31, 1993
� II. BOAT DENSITY
The number of in-place boat slips, lifts and buoys shall not exceed the number shown on the
attached plan, Exhibit B, and in accordance with Resolution 938, in no case shall the number
of authorized boat slips, lifts, or buoys exceed the number permitted in the prior year's license.
Authorized Boat Density per attached plan: �
Bay Carman �
Transient (Day use only) Slips �
Permanent Moorage Slips 6
Boat Lifts � 0
Sub-Total: Slips at Dock 6
Offshore Buoys �
Maximum Boats in Water 6
Maximum Boats per prior license same
MAXIMUM BOAT DENSITY 6 �
�'- . '
.
Exhibit A 3 2 � �
• � Resolution No.
Page 2 ' ,
Exceeding this maximum boat density, or exceeding the number of permitted slips, lifts or buoys
is a violation of this license subject to revocation and/or prosecution for violation of Section 5.42
Subdivision 2 of the Orono Municipal Code:
III. DOCK LAYOUT
, The dock structure or layout authorized by this license shall be as shown on attached Exhibit B.
Any changes in this layout shall be subject to prior review and approval of the City Council.
IV. SPECIAL CONDITIONS required for compliance with the ordinance of the City and/or
the LMCD. The issuance of this license is subject to full compliance with these conditions.
Failure to comply with these conditions is cause for license revocation.and/or prosecution by the
City.
"None° �
V. Nothing in this license shall confer upon any person for the benefit of any property any
vested right to use Lake Minnetonka or the premises in a manner permitted by this resolution,
� but the use of Lake Minnetonka and the premises shall remain subject to such regulations and
ordinances as the City and other competent regulatory authorities shall deem necessary from time
to time in the public interest.
��
s .
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