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Home My WebLink About#6100-CUP-2011 . , �� d�,� ShQ�� Doc No T49647��N'"'�� Certified, filed and/or recorded on 6/14/12 3:00 PM Office of the Registrar of Titles Hennepin County, Minnesota Rachel Smith, Acting Registrar of Titles Mark V. Chapin, County Auditor and Treasurer Deputy 13 Pkg ID 816261M Doc Name: Conditional Use Permit Document Recording Fee $46.00 Document Total $46.00 Existing Certs New Certs 1332801 This cover sheet is now a permanent part of the recorded document. , , � , � ��,2�°/ � �� O CITY of ORONO ��a, x � • _,�._ � RESOLUTION OF THE CITY COUNCIL �t ' �� No. 6 1 0 0 `�kESHog' A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-966, 78-967, 78-1247, and 78-1286(B) & (D) FILE NO. 11-3532 WHEREAS, Michael Sime and Pamela Sime, a married couple (hereinafter "the Applicants") are the owners of the property located at 3095 North Shore Drive within the City of Orono (hereinafter the"City") and legally described as follows: That part of Tract A, Registered Land Survey No. 670, Hennepin County, � Minnesota, lying southwesterly of the following described line: Commencing at a ,v point in the northwesterly line of said Tract A, distant 150 feet northwesterly from the most westerly corner thereof; thence southwesterly parallel with the southwesterly Iine thereof to the shoreline of Lake Minnetonka. (hereinafter the"Property"); and WHEREAS, on October 19, 2011, the Applicants made an application for after-the-fact approval of a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966, 78-967, 78-1247, and 78-1286(B) & 78-1286(D) in order to approve grading activities conducted by the previous property owner without proper City permits to create a retaining wall and beach within the rip rap area on the Property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3532. 2. The property is located in the LR — 1 B, Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on November 21, 2011 and recommended approval of the after-the- fact conditional use permit based on the following findings: Page 1 of 4 r ' � O� O � O CITY of ORONO �� __ �-1 :. �� RESOLUTION OF T�i�C�I O COUNCIL '�� ' NO 0 G t�kESHOg'� a. The lot is 1.2 acre in area and has 150 feet of width. b. The lot is provided with City sewer. c. The previous property owner conducted unpermitted land alterations and constructed three lake-access stairs, a retaining wall and beach area within the MCWD permitted rip rap without proper City permits. d. The Applicants have submitted an as-built survey to verify the additional pre-existing violations have been removed; two stairways were removed and the remaining stairway was reduced from 7-feet in width to 4-feet in width and the beach area is unlined. e. The Applicants' request for the after-the-fact conditional use permit is to resolve pre-existing violations on the Properly resulting from the actions of the previous owner. The conditional use permit is necessary in order to resolve the land alteration violation on the property. f. The rip rap and wa11 were constructed in 2009. The wall and lake yard area are stable and estabiished vegetation exists over the site. g. The Applicants have planted and proposed additional vining planting over the rip rap and walls which will screen the existing wall and rip rap when viewed from the lake. 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 variance and conditional use permit on the health, safety and welfare of the community. � CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit to approve the land alteration activities per Orono Municipal Zoning Code Sections 78-966, 78-967, 78-1247, and 78-1286(B) & 78- 1286(D) to allow the existing retaining wall and beach area to remain as constructed within the rip rap area on the Property, subject to the following conditions: Page 2 of 4 � �, r � � O� O O CITY of ORONO ��,, ., � � � RESOLUTION OF THE CITY COUNCIL �'� '� � �� No. 6 1 �. n �9kESH�g'� 1. Council approval is based on the as-built survey submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. The Applicants must commence implementation of the vegetative screening plan within six months of this approval. The plantings shall be inspected and approved by the City prior to the closing of the escrow account. 3. 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. 4. The undersigned Applicants have read, understand and hereby agree to the terms of this resolution and on behalf of the Applicants and the Applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. Adopted by the Orono City Council on the 12�`day of December, 2011. ATTEST: � ��-,� �!� � - ��,e��,�� Linda S. Vee, City Clerk Lili Tod McMillan, Mayor , , ' Property Owner(s) Page 3 of 4 . ', , � ' � O 'Y ' O , O CITY of ORONO � `� - �,;:..� � RESOLUTION OF THE CITY COUNCIL � G�� No. 6 1 0 0 ��kESHOg'� STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�7�day of �i(., , 20�� by Mic hae l Sime,hus ban d o f Pame la Sime. "'" '' MONICAA.FADNESS .. �- � NOTARY PUBL►C-MINNESOTA " ' � My Commission Expires Jan.31,2017 :v:�:;� Not Public STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 3 �day of , 20 l?/ by Pamela Sime,wife of Michael Sime. � ��. N�� BARaARp,6.SILUS c� .�� r:� Np1'ARY PUBUC-MINNES�TA .�, � M��mm��pires Jan.31,��3 Notary Public c�: �,:.;� Page 4 of 4 � � � Resolution , Exhibit A s A Z � 0 " F �� _ � , a `�� , 6 1 0 0 � � ��;:`� � q�.,,:•.,'�`. �o ,• ` � . R .,\.��,��`;.� -z. a .N.•',! `t`;•.• '` �`:'•�'; Z. '.�•��'•:�`� � �� ,.\:� � � .� �� •`., ;.X��..�:` �; w�� 0' . `\��, `� �, , � f ; \ _ , .;; . ,,:'�,'`;;,' '� � �� ' '.�\ '� ut ` d� ,`��'• � `�, �� F3' \� � ''1 ';r ,`,:�;;:;;;;,� `\ 1�°{� i,1 ,�• �. [p . \ '� I'�' ' �..'\�'•'�.;;;., �� v. \ � ��,'• '"��\•, ••� \ ` , • � ��• .��\� •w ,' �4��`\.`! � � � '. ' ...i' 1 •, '•.'�' '! •'��'' `.\ . . , vb� _, ;, . ,,. •. ,., , .,. �-.. ---= . ,•. �. �{ ,--_ -s- ,�� . �.� �` 1' " " � �;-r.--�`-:�� y �. � � . .� •, • :: {��';��'. � .. .;-`i , � � �'. �'. y, d�,�iT+, �``�.- .� \P,,;' . 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"..�:. / ` � •---'• ;','� ', S - � � --�----'-.._. �;i,;•r�•.�I � ,'' � � : � . ..- ,� \ - - .,,..,`�''�� - '��/i�: dr' � - �-- � :�'"�;� . .'-- \\ U .....,\ •, �\ ''.,� �''.,:�; .: �.._. �'•.\ '•, ;,�t ��,-- '��\` �11 � - � '+ r �;' \ f �-' r � ; �.. . :: ,---------- `.. ,. � t�� '`'. � , , �� t � ; ' ;rr��, za-o~� , / �,; � `,,��o ��.'��,°�I r P ��°"�v'; `\ . � ' f ',, .Pj �� `�`�; `� � �'z 'A �:' � �,,� ��4� r� B w ��t� � � �,\ --- � ''��^l v� r �� b9� �� ►�l O� � � ��z �g�� t ��x�, g �1 z� $ �� .a� €�� a ��bggl � � �8 y E �� 9' �' �� 7 x 5 J S � � W� � � ��g � -a� �a�� "�afl � T� � �- � ��" �` �� xe'�fi�� z �- ��= " �� . � � �� :d �@��ymg � pg i� �� p9€,� �y� � �� l9� 9i e�S� �igf s.g'e� � n �YY �y � b� F � � �.�§' s g `/ `p c., ��.��gg�� a�� j,��g� �� 3$'qg s c ¢ s ��. � g ; C� Pd�iS97 �S�.�a �3.�EEp $jY9 9II � ��`o i 3 �i � s �5.Y � C' �_ � �� s��$'4��;�� $� y� � BR�=eRhg� ��s ��,�C6aFp°p8e��s � �� N . w� E ' e �m: o�� i�@-5�s $�ri�� s �� " V` ��y��&� � �� 'f�°�8��3 '�� s° 3��' � Z$ ez�� t�Y�x�� m~ �e� � e^ �` � o.s'C �' s� � �.��' �g �=1�� W��a�� z��g 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 December 12, 2011, 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� 1Sth day of December , 2011. .� `� �' G�-� � _�� .�{' �, Crty�lerk (seal) � �� ^ , ��; �. . ;