HomeMy WebLinkAboutResolution 3986 - unrecorded . �
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�� G'�' RESOLUTION OF THE CITY COUNCI�
' ��kESH�4'� NO. � 9 � �
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 10.22, SUBDIVISIONS 1 AND 2,
10.55, SUBDIVISION 8, AND
10.56, SUBDIVISION 16 (C & L)
FILE NO. 2300
WHEREAS, James and Joann Jundt (hereinafter "the applicants") are the owners
of the property located at 1400 Bracketts Point Road within the City of Orono (hereinafter "the
City") and legally described as follows:
(Exhibit A attached); and
WHEREAS, the applicants have applied to the City for renewal of variances to
Mi.u�icipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision 8 and 10.56,
Subdivision 16 (C & L) to permit the restoration of an existing retaining wall, underground
grotto and lakeshore stairway system located within the 0-75' lakeshore setback zone where no
hardcover or structure is normally allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #2300.
2. The property is located in the LR-lA Single Family Lakeshore Residential
Zoning District.
3. The Orono Planning Commission originally reviewed this variance request on
September 16, 1996 and recommended approval of the proposed variances to
restore the lakeshore stairway system, retaining wall and underground grotto,
based upon the following findings:
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�� �,'�' RESOLUTION OF THE CITY COUNCIL
• �`q$ESHO�`'�' NO. e� 9 � F3
A. The property is unique for a number of reasons, including its age, its
history and the fact that applicants have been diligently restoring the
property to its former splendor.
B. The proposed work involves restoration of amenities or structures which
already exist, and does not propose any new buildings or amenities.
C. The 650' length of the eastern shoreline justifies the existence of as many
as four lakeshore stairways to provide access to the lake from the higher
portions of the property which are as much as 25' above lake level, and
the steep slopes east of the house suggest the need for stairway access.
4. On October 20, 1997 the Orono Planning Commission reviewed this request for
variance renewal and on a vote of 6-0 recommended approval, finding that the
findings and conditions of the prior approval as noted in Resolution No. 3786
are still valid and appropriate.
5. 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.
6. The City Council fmds 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 applicants, but is necessary to alleviate a
demonstrable hazdship or difficulty; is necessary to preserve a substantial
property 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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��� �p'�' RESOLUTION OF THE CITY COUNCIL
� �kESH04' NO. ei � � �
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CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings, the Orono City Council hereby grants renewal
variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2, 10.55, Subdivision
8, and 10.56, Subdivision 16 (C & L) to permit the restoration of the existing lakeshore
stairway system, retaining wall and underground grotto, subject to the following conditions:
1. The restoration work shall not exceed that contemplated or proposed in the
submitted plans. Hardcover in the 0-75' lakeshore setback zone shall not exceed
the pre-existing level of 0.7% as indicated on the site restoration plan attached
as Exhibit B. Applicant is advised that any future proposal to add hardcover in
the 0-75' lakeshore setback zone might be approved only in conjunction with the
concurrent removal of existing hardcover, resulting in no net increase in
hardcover in the 0-75' zone.
2. Structural restoration of the existing boathouse is specifically not a part of this
approval, and structural repairs to that building shall be reviewed by the
Inspections Department and if determined to require variances, shall be brought
forth to the Planning Commission and City Council as a separate application.
3. Authorities granted by this variance run with the property not with the
applicants, 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 (October 27, 1998).
4. 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 shall be punishable as a
misdemeanor.
5. 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 property.
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�� G'�' RESOLUTION OF THE CITY COUNCIL
' ��kESH�g'� NO. e� 9 � 6
Adopted by the City Council of the City of Orono, Minnesota at a regular
meeting held on the 27th day of October, 1997.
ATTEST:
Dorothy M. Hallin, City Clerk Gab 'el Jabbour, Ma r
Property Owner (s)
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 27th day of
October, 1997 by Gabriel Jabbour 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
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�� G'�' RESOLUTION OF THE CITY COUNCIL
• t9kESH04'� NO. � 9 � s
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
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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RESOLUTION # e�_9 8 6
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO ) .
I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County,
Minnesota, do hereby certify that I have compazed the foregoing 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 19 9 7 t�and°thatsthe same is a�ruel and corr ct
October 27 �
copy of said resolution duly adopted by said Ciry Council at said meetin�.
In Witness Whereof, I have hereunto set my hand and seal this �2 9 th ,
day of October , 19�_.
_� , .
� orothy M. H , City Clerk
(SEAL)
,