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Home My WebLink AboutResolution 1569 _.:, _ � . . ��.�� Cit� of ORONO d =�,� � � �'��5�. � � .. ��;� RESOWTION OF THE CITY COUNCIL ��, _;�� NO. 1569 �� :�<r;' ... .t•: • � • :� :' Granting A Conditional Use Permit To Municipal Zoning Code Section 31.700 And A Variance To Municipal Zoning Code � Section 31.831 - File 781 Whereas, Rodney Burwell is theowner (hereafter "owner") of a property located at 110� Millston Road within the City of Orono (hereafter "City") and legally described as Lots 4 and 5, Block 1 , Millston (hereafter "property' ) ; and Whereas, the applicant has applied to the City for a Conditional Use Permit for major land alterations as required by Municipal Zoning Code Section 31 .700 and a varaince to Municipal Zoning Code Section 31 .831 to permit the alteration of the property' s lakeshore banks located within 75 feet of the shoreline of Lake Minnetonka; Section 31 .831 does not permit excavation of the area within 0 + 75 feet of the lakeshore . • Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : Findings 1 . This application was reviewed as Zoning File No. 781 . 2. The property is located in the LR-lA Lakeshore Residential Zoning District. ` 3. The Orono Planning Commission reviewed this application on September 19, 1983, and recommended approval of the Conditional Use Permit and variance as proposed based upon the following findings: . a) The proposed improvements will correct serious erosion of the lakeshore banks of the property. b) The proposed improvements to the property will improve the quality of water runoff into Lake Minnetonka. . c) The proposed improvements will provide a safe access to the lakeshore. � • d) The proposed improvements are consistent with the intent and objectives of the environmental standards of the Comprehensive Plan. 1 . ��.I:;4 Ci.t� of ORONO � • � + � T, ._/��"_ �-�';�''' RESOLUTION OF THE CITY COUNCIL � �'�.:�:y'.:y- . Q� `r�; � Np, 1569 � • � • j • . e) The City Engineer in his report dated September 13, 1983, approved the proposed lakeshore improvements. f) The City has received no negative comments from the surrounding property owners notified during the review of application No . 781 . 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and the effect of the proposed land alteration on the health, safety and welfare of the community. 5. The City Council finds that granting a Conditional Use Permit to alter the lakeshore bank as proposed 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 danager to neighboring property, nor will it depreciate surrounding property values and that the land alteration and the manner in which the excavation is to be carried out to be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a variance for the land alternation as proposed asnecessaryto alleviate ademonstrable hardship, is necessary to preserve a substantive property xight .�.. of the owner 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 findings, the Orono City Council hereby grants a variance to Zoning Ordinance 31 .831 and grants a Conditional Use Permit as required per Zoning Ordinance 31 .700 to permit land alterations within 75 feet of the lakeshore subject to the following conditions : 1 . Hay bale dikes to be installed prior to construction along lakeside edge of the, ridge to be altered . . 2. Filter fibric and fence post erosion control dike to be installed at the time the concrete stairs and retaining wall at east shoreline is removed and fill placed on the area. 3. Replacement plantings along distr�bed lakeshore banks to be completed in the fall of 1983 . . Ci.ty of ORONO • d RESOLUTION OF THE CITY COUNCIL � `, � NO. 1569 � • � • • 4. No other variances are granted or permitted for this application. 5. Violation of or noncompliance with any of the terms and conditionsof thisresolution shallconstituteaviolation of the Zoning Code, shallautomatically terminateany authority granted herein, and shall be punishable as a misdemeanor . 6. The undersigned have read , understood and hereby agrees to the terms of this resolution and hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this llth day of October , 1983. � ATTEST: CITY OF ORONO � �r��l �� City Clerk Mayor (1) _ ! 2��-b� �"l /!�C ��' ��a ,� Property Owner (s) � . � .�-- �2) Property Owner (s) (3) � Property Owner (s) • . �� Ci.t� of ORONO • d ;,: RESOLUTION OF THE CITY COUNCIL C l� : '.: � NO. � 5hA � � � • • , STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On his /� day of �eT"Q�C: l� , 1983, before me a Notary P b ic wi and f r said unty, ersonally appeared . U 1?l�JEZC �NA /? ,U ' �P C�, known to me to be the person (s) described in and who executed the foregoing instrument, and acknowledged that e (they) executed the same as his (their) free act and deed . _ , _ .._ _.._.__ . � �''`+� DOROTHY'M: HALLI� � RY P UB L NoURV Pu81.fQ�UNNN�oT ' �� HENNEPIN COUNTY.. ' AAy aomrr�ton a�lrrs O,��D / — �� /y�, • 6 y MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this day of , 1983 , before me a Notary Public within and for said • County, personally appeared � known to be the person(s) described in and who executed t e oregoing instrument, and c__ acknowledged that he (they) executed the same as his (their) free act � and deed . NOTARY PUBLIC - MY COMMISSION EXPIRES . ► � � � . ��: ��::� Cit� of ORONO • A :�� . • � RESOLUTION OF THE CITY COUNCIL �,i: - . NO. 1569 �: � - • ��. � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1983, before me a Notary Public wzthin and or said County, personally appeared known to me to be the person(s) described in and who execute the foregoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC • • MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per , Minnesota Statutes 386.77. Bruce D. Malkerson, City Attorney State Deed Tax Due Hereon: Exempt -- �-- This instrument was drafted by: City of Orono � P.O. Box 66 ' Crystal Bay, MN 55323 �