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Home My WebLink AboutResolution 5696 la ��3!y Q A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR REPAIR OF SEAWALL PER SECTION 78-966 FILE NO. 07-3333 , �>t,�..f- �� . � , • , �(o �'�'Ke..��y ql�-e�n�-�-- ,� (G�{- ��f � (,�, c.r �' � O� O , O - ��a�.- CITY of ORONO � , � -, :: � RESOLUTION OF THE CITY COUNCIL ��l ��'~ . �kESH.04 NO. � �,� r,_ A RESOLUTION GRANTING A CONDITIONAL USE PERMIT FOR REPAIR OF SEAWALL PER SECTION 78-966 FILE NO. 07-3333 WHEREAS, William and Susan Dunkley, husband and wife, (hereinafter "the Owners") are the owners of the property located at 2709 Walters Port Lane within the City of Orono (hereinafter the "City") and legally described as Lot 4, Block 3 Walters Port Addition; and WHEREAS, Daryle L. Uphoff and Lucy S. Uphoff, husband and wife, (hereinafter "the Owners") are the are the o��ners of tl�e property located on the west side of the inlet to Walters Port Cove within the City and lebally described as Outlot 4, Walters Port Addition; and WHEREAS, Vogue ICF Homes, Inc. has made application on behalf of the . Owners to the City for a conditional use pernlit to repair the e�isting seawall along either side of the inlet to Walters Port Cove; and WHEREAS, after due published notice and mailed notice in accordance with Mirulesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public l�earin� on November 19, 2007, at v,�hich time all persons desirin� to be heard concei-ning this application were �iven the opportunity to speak tl�ereon. NOW, THEREFORE �E IT RESOL�rED by the City Council of Orono, Miru�esota: FINDINGS l. This appl�cation vvas reviewed as Zoning File �G7-»�3. 2. The Plaiu�in� Cominission reviewed tlus application on November 19, ?�C)7 and on a vote of 6 - 0 recominellded appro��al of the conditional use pern7it to repair tl�e sea��all by replacing tl�e deadmen based on the following iindings: Pa�e I of 4 � : , . ' , �O� O O � � C ITY of ORONO ti ti RESOLUTION OF THE CITY COUNCIL ��'9.ttE o4�G No. 5 6 9 6 sYt a. The inlet and boat basin were excavated in 1959 with a DNR permit to provide dock space for seven lots. The current aluminum seawall was installed around 1980 to replace a deteriorated portion of a wood seawall. b. The inlet is only 10 feet wide. The tops of the seawall along the inlet were beginning to tip inward. Further exploration revealed the deadmen that held the walls in place had deteriorated and needed to be replaced. c. There is no other feasible way to maintain the inlet. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a conditional use permit for repair of the existing seawall along either side of the inlet to Walters Port Cove subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. If it becomes necessary to replace any of the actual seawall a revised plan must be submitted for review by the City Planner and City Engineer. Additional Planning Commission and/or City Council review may be required. 2. An encrochment agree�ent for the work within the Lydiard Avenue right of way and an escrow to guarantee site restoration before this part of the work is commenced. 3. The applicant obtaining a land alteration permit from the City and paying an additional fee of$2,500 for plan review and inspections by the City Engineer. 4. Authorities granted by this resolution run with the property not with the Owners, but are permissive only and must be exercised by obtaining a building permit for the work before November 27, 2008 or the conditional use permit will expire on that date. Page2of4 �°� 0 0 CITY of ORONU ,� -, � ti ti RESOLUTION OF THE CITY COUNCIL ��`�X:ES8�4�G NO. 5 6 9 6 5. 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. 6. The undersigned Owners have read, understand, and hereby agree to the terms of this resolution and on behalf of the owners and the owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of their properties. Adopted by the Orono City Council on the 26th day of November, 2007. ATTEST: ,/ c � �2�� G��-- �—�h'!. �.cJ�� Lmda S. Vee, Crty Clerk J s M. White, Mayor � ,�........, .. �--- �, ,. � n „ � �� _....,� � L�., ;:) �.i�..� �.,..,..�..��,,,�., r�; Zw.� William Dunkley Susan Dunkley � �y--.�e. ; ' �....,: �' t, cG C �.J � � D le L. Upho Lucy S. Upho f Page 3 of 4 � � �� 0 0 � CITY of ORONO � � ti RESOLUTION OF THE CITY COUNCIL ��l ��'~ `�,kEsKo�' No. 5 6 9 6 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of Gf.bl , 200�by W�� , Dunkley. ; < '�"` DEBORA FRICK ,�'' ; NOTARY PUBLIC-MINNESOTA l� �'.,,,;.+, My Commission Expires Jan.31,2012 Cr'K.� •✓ � r Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this��day of �i��i , 20(�by Susan D� o William Dunkley. — – -<-=� .: ,� <��'��''�� DEBORA FRICK � NOTARY PUBLIC-MINNESOTA .� � "�> My Commission Expires Jan:31,2012 � , �a Notary Public STAT�OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this��ay of c.��,l,t 20(�by Daryle L. U hoff, husband of Luc S. Uphoff. �, � ' DEBQRA FRICK ' NOTARY PUBLIC-MINNESOTA �' My Commission Expires Jan.31,2012 �� ,�, � � Notary Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this /�Q day of � , 200�by Lucy S. Uphoff, wife of Daryle L. Uphoff. ;a-=�-'.."_�..�-�c.c,:%'.��"-,�?s?'-r .�,�,� . �,� '"' ' DEBORA FRICK Notary Public '� NOTARY PUBLIC-MINNESOTA � .�'s M Com Y mission Expires Jan.31,2012 Page 4 of 4 , , ,. � ZONING FILE NO.07-3333 EXHIBIT A . RESOLUTION NO. _ __....� v � �I j I I ��'� ( '� �ScJ.'phw, o� I � (,U�v IC A r2A ( � J ��5� S�c(G.'�/U'✓! . , J J L/�ke. �orFh fo 4'�� I � � -�vrn in c✓�l/ \ � � 3 Wes�s�d� -.�rv�", .�r. d d L/+l(¢., ncr(h �p�• Q -� r �(��O 2170� b� O � � ,m�f �4'( � q � L/�� .� 1�on �' ; iY..�� i � �. �c •, � .p� � I Y' � `'� J� q�� . . � �roal a 1 � ,� J. . . - — _ � \ . .�� 31.� � a�� ' . ��. ��, �� s�� a�� 932 '��'�' �� .�. _ --- .� • � q � � i �J / �D � / �� /� . _� �� ( /� M .. 4� / � '7 , /�, ' // 'A � • ; � � t � �i /9,�6 V � / - -' e � � 'ts 1 I � �� ' � - s � � � � 11 t� �_ ` M Ilg� ` � � � �1 `i i • � ` ' � . , V� �\ � f � i �� f � ti�� , -�d Z �y, � i ` � � c� , i i = I � � r � i � �Et. *�..�ti?h i V � � i , i r ' � � I �. � , I ` �rh ` � ~ 9i b < ' ..� d ` �� I 1 � �. a��' y• 7S� ` ��'� � � o • \�` t � � qR � \ \ \\ • � � � i� 'J,, '�'o o G � 1\`�� r p I \ � 1 � � ( I I I \\ \\ `q'�� ' I ' • I I �\� \ �a� ) � � \ � � � � � e � -� ' \\ \ 6L � 1 ' y�0.9 � N \�\ \ �b 11 ,` I I I � L 9�!� / �/ A ��\ M10 • i ' i + � PP�O � . I � i � 'J �� V" �,J; ,.� .'�'� ��.; �. 9bZ � � < / / \��.� I . . _ .. I , , i r �.� a .;� � r 1 1 � � ' � o I ��I ) i �� 't ° � 'yi0 i � L \�1�i / � �� o �5 i AF- f ' ,I� �'q��\�� r. I .. . � V1}\�9,l7\ t { ! . . .... . . \\\\� \\ �.\ � - 6 � � �_. ...___. ._ _... .__.... ... I . , � STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) The undersigned,being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on November 26, 2007, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the Corporate seal of the City this 3rd day of December , 2007. e�'��!�d1 ��,. , J r� - . J'�� 4 �� ' � /� �r�`�}, .;p6 w �( _ /_.. �J�Y .;o ) y4;S 4' � �.,��r�. s=� �t�;i- f��°�� '-� ' ,:. City Clerk `��_� (s,eal)�: "F � �' . x£�i°� r ��.✓ � ;,�", �r�; �, ' , �� , ��.�� , ,�,;�"�x;.;`��^'•.