HomeMy WebLinkAboutResolution 6748 � -
Doc No A10434111
Certified, fiied and/or recorded on
Apr 27, 2017 4:30 PM
Office of the County Recorder
Hennepin County, Minnesota
Martin McCormick, County Recorder
Mark Chapin, County Auditor and Treasurer
Deputy 92 Pkg ID 1540997M
Document Recording Fee $46.00
Document Total $46.00
This cover sheet is now a permanent part of the recorded document.
.
��NO CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
y � 6748
�' c,1 NO.
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A RESOLUTION GRANTING
A CONDITIONAL USE PERMIT
PURSUANT TO MUNICIPAL ZONING CODE
SECTIONS 78-1118(c)
- FILE N0. 17-3907
WHEREAS, Alex Ugorets is the president of Ugorets 8098, LLC (hereinafter
"the Applicants") are the owners of the property located at 2500 Shadywood Road within the
City of Orono (hereinafter the "City"), Hennepin County PINS 20-117-23-11-0034, and legally
described as follows:
EXHIBIT A, attached hereto (hereinafter the"Property"); and
WHEREAS, the Applicants have made application to the City of Orono for
approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-
1118(3) for construction of a permanent dock extending into the floodplain; and
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 17-3907.
2. The Planning Commission reviewed this application at a public hearing held on
March 20, 2017 and recommended approval of the CUP based on the following
findings:
a. The Property is conforming due to size and width.
b. The dock is a water use feature and its extension into the floodplain is
reasonable
� l c. The dock will not support motorized boat connections to the large Lake,
minimizing noise irritation to adjacent neighbors.
d. The dock will not support lights, negating any nighttime light pollution.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. � � � S
e. The dock will be built of sturdy materials designed for the specific use,
minimizing upkeep and annual maintenance.
f. The dock will support reflectors to provide safety to lighted vehicles in
darkness.
3. Conditional Use Permit Analysis. The City Council makes the following findings
with regard to the criteria necessary for the granting of a conditional use permit.
a. Consistent with the community management plan; The property is zoned and used for
office use. The dock, to be used by employees and tenants of the business center, is
consistent with the community management plan.
b. Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; Docks are permitted
improvements into wetlands and the floodplain,provided a Conditional Use Permit is
obtained.
c. Adequately served by police, fire, roads, and stormwater management; The dock does
not require inordinate additional public services.
d. Provided with an adequate water supply and sewage disposal system; The dock will
not increase demands on the water or waste water treatment systems.
e.Not expected to generate excessive demand for public services at public cost; The dock
improvement is not expected to generate additional demand.
f. Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The dock is an appropriate use for the property.
Docks are typical in both commercial and residential settings.
g. Consistent with the character of the surrounding area, unless a change of character is
called for in the community management plan; This statement is true.
h. Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
This statement is true
i. Not expected to substantially impair the use and enjoyment of the property in the area
or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; The dock, with
no motorized boat access to the lake, is expected to be a quiet viewing area, and is
not expected to impact the neighbors visually or audibly.
j. Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; Docks are a common improvement in
floodplains,no buffering or screening is recommended.
k. Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference,general unsightliness, or other means; No testimony has
been offered that suggests the dock will establish a nuisance.
1. Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; The dock is to be used by tenants of the office building, is not open
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. '� � � 8
to the public; no additional traffic is expected in addition to traffic for the office
building.
m. Designed to take into account the natural, scenic, and historic features of the area and
to minimize environmental impact; The dock is constructed of wood, and will be
consistent in appearance with other docks in the area.
n. All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; No lighting is
proposed,and
o. Not detrimental to the public health, public safety, or general welfare. No evidence
has been suggested that the dock will be hazardous. However, it is recommended
that reflectors be added to the structure to warn winter users (skiers, ice skaters, snow
mobiles)of the obstruction.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments by
the Applicants and the public, and the effect of the proposed conditional use
permit on the health, safety and welfare of the community.
5. The City Council finds that the Applicants' request 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 above findings, the Orono City Council hereby grants
approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections 78-
1118(3) for construction of a permanent dock extending into the floodplain, subject to the
following conditions:
1. This approval is for dock depicted on the attached Ex6ibit B.
2. Light reflectors shall be placed every 25 feet along the edges of the dock to notify users
are the water/ice level of structure.
3. Authorities granted by this resolution run with the Property not with the Applicants, but
are permissive only. 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.
CITY OF ORONO
RESOLUTION OF THE CITY COUNCIL
NO. l7 � `� i�
Adopted by the Orono City Council on the l Oth day of April, 2017.
ATTEST:
Anna Carlson, City Clerk Dennis Walsh, Mayor
� 7 I� �;
Exhibit A
Legal Description
Parcel 1:
That part of Lots 75 and 76,Auditor's Subdivision Number 239, Hennepin County, Minnesota,described
as follows,to-wit:
Commencing at the Northeast corner of said Lot 75;thence Southwesterly along the Northerly line of
said Lot 75 a distance of 592.17 feet to a point 535.00 feet West of, measured at right angles to,the East
line of said Lot 75;thence South 1081.95 feet parallel with the East line of said Lots 75 and 76 to the
South line of said Lot 76;thence Easterly along the South line of said Lot 76 a distance of 536.18 feet to
the Southeast corner of Lot 76;thence North 1300.42 feet along the East line of Lots 75 and 76 to the
point of beginning;
except the Northwesterly 30 feet thereof.
Hennepin County, Minnesota
Abstract Property
Parcel2
That part of Lots 75 and 76 in Auditor's Subdivision Number 239, Hennepin County, Minnesota, lying
between two lines which are parallel with and distant respectively 535 feet and 635 feet West,
measured at right angles,from the East line of said Lots 75 and 76,except the Northwesterly 30 feet of
Lot 75 and except that part heretofore taken for highway purposes as shown in Document No.4414044.
Hennepin County,Minnesota
Abstract Property
Parcel 3:
The Northwesterly 30 feet of Lot 75,Auditor's Subdivision No. 239, Hennepin County, Minnesota.
Abstract Property
Parcel 4:
That part of the Southwest 4uarter of the Northwest Quarter of Section 20,Township 117, Range 21,
described as follows:
Beginning at a point on the West line of said Southwest Quarter of the Northwest Quarter where said
line intersects the Southerly right of way line a distance of 155.2 feet;thence Southwesterly on an 11
degree curve to the left a distance of 226 feet more or less to a point in the West line of said Southwest
Quarter of the Northwest Quarter;thence North 108.8 feet to the place of beginning.
Hennepin County, Minnesota
Abstract Property
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FE8 0 7 2017
� 3 C� O? cinr oF oRo�o
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 April 10, 2417 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 11�'day of April, 2017.
ty Clerk
(seal)