HomeMy WebLinkAbout#4038-variance-1998 . w
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( �>d�- CITY of ORONO
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�� G'�' RESOLUTION OF THE CITY COUNCIL
t9kESH04� NO. t� �@ � �i .
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE SECTIONS
10.5�, SUBDIVISION 8 AND 10.22, SUBDIVISION 2
AND GRANTING A CONDITIOl�'AL USE PERI�IIT PER
SECTION 10.55, SUBDIVISIONS 9 AND 10 AND
SECTION 10.56 SUBDIVISION 16J
FILE NO: 2342
WHEREAS, Mark Casey (hereinafter the "applicant") is co-owner of the property
located at 255 Landmark Drive within the City of Orono (hereinafter "City") and legally described
as follows:
Outlot A, Bayside Landing, Hennepin County, Minnesota (hereinafter the
"property"); and
WHEREAS, the applicant has made application for a conditional use permit per
Sections 10.55, Subdivisions 9 and 10 and 10.56 Subdivision 16J, and a variance to Sections
10.22, Subdivision 2 and 10.55, Subdivision 8 to permit the excavation of approximately 2.2
cubic yards of material and placement of a sand beach within the 0-75' lakeshore setback zone
where no such land alterations are normally permitted.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FIi�TDII�TGS
1. This application was reviewed as Zoning File #2342.
2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning
District.
3. The Orono Planning Commission reviewed this application on February 17, 1998
and recommended approval of the variance and conditional use permit as proposed
based on the following unique findings and hardships:
a. The proposed excavation of 2.2 cubic yards of material from an area 20
feet long and extending 7.5 feet back from the 929.4 OHWL contour, and
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�� G'�' RESOLUTION OF THE CITY COUNCIL
�9kESH04�'�' NO. Q. t�! � $ �
replacement with sand to create a beach area, is minor in magnitude and
will have no negative environmental or visual impacts.
b. The proposed land alteration is of such a minor scale so as to not be in
conflict with the Orono Comprehensive Plan policies against alteration of
the natural shorelines of lakes.
c. The applicant has obtained the required permits from the Minnehaha Creek �
Watershed District and DNR for the placement of a sand blanket and rip-
rapping of the shoreline occurring in conjunction with this project.
d. The property is owned jointly by the applicant and the Harrens, who
have provided written conf'irmation that they approve of the
project.
4. The 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
variance would not adversely affect traffic 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 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. �
5. The City Council finds that granting a conditional use permit to allow the
excavation of 2.2 cubic yards of material and placement of a sand beach within the
0-75' zone 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 danger to neighboring property, nor will its use depreciate surrounding
property values and that the proposed level of use of the property will be in
keeping with the intent and objectives of the Zoning Code and Comprehensive Plan
of the City.
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�� G'�' RESOWTION OF THE CITY COUNCIL
�9kESH��`'� NO. 4 � � S ,
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants a conditional use pemut per Sections 10.55, Subdivisions 9 and 10 and 10.56 Subdivision
16J, and a variance to Sections 10.22, Subdivision 2 and 10.55, Subdivision 8 to permit the
excavation of approximately 2.2 cubic yards of material and placement of a sand beach within the
0-75' lakeshore setback zone where no such land alterations are normally pernutted. Approval
is subject to the following conditions:
1. Excavation spoils shall be removed from the site.
2. Applicant shall obtain a land alteration permit prior to commencing the excavation
for the beach area.
3. Applicant and his contractor shall adhere to any erosion control measures deemed
necessary by the City inspector.
4. No weed control fabric or plastic may be placed below the sand, because such liner
materials would be considered as hardcover.
5. 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
pernut within one year of the date of Council's approval, or the special conditions
of this resolution will expire on that date (February 23, 1999).
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 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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'� RESOLUTION OF THE CITY COUNCIL
��9kESH�4''�'G NO. t� � � �
Adopted by the Orono City Council on this 23rd day of February, 1998.
P.TTEST:
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Lin a S. Vee, City Clerk Gabrie Jabbour, Mayor
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Prope Owner(s)
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STATE OF MINNESOTA ) �
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 23rd day of
February, 1998 by Gabriel Jabbour and Linda S. Vee, Mayor and City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the Ciry.
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t • CAROLE A HASEMAN Notary Public
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'�' RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this�_� day of ��'t-�it-L� , 199 � , before me a Notary Public
within and for said County, personally appeared � L��,, -
known to me to be the person(s) described in and who executed the foreg g instrument, and �
acknowledged that he (they) executed the same as his (their) free act and deed.
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this c�?/T� day of '' 1 , 199 � , before me a Notary Public
within and for said Counry, personally appe ed ,
known to me to be the person(s) described in and who executed the foreg ing instrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
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Notary Public
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'� RESOLUTION OF THE CITY COUNCIL
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k'EsxO
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _�day of , 199� before me a Notary Public within
and for said county, personally ap are�� .K.� o.L'�;�.�����1f �►.�.��
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.
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NpTAR1f PUBUC-MWNESOTA /
HENNEPIN COUNTY
��°��"�"•�0° NOT 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
STATE OF MINNESOTA )
) ss.
� COUNTY OF HENNEPIl�f )
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) e tecuted the same as his (their) free act and deed.
NOTARY PUBLIC
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