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HomeMy WebLinkAboutzoning letter request . � ZONING LETTER REQUEST UNIFORM LAND USE CONFIRMATION FORM Subject Property Addresses: 3222, 3240 & 3250 North Shore Drive, Orono, MN Parcel ID No(s): 08-117-23-41-0004, 08-117-23-41-0005 & 08-117-23-41-0006 Legal Descriptions: See attached Exhibit A A. Requested by and Return to via e-mail or fax and hard copy via mail: Attn: Kristy Marleau FIRST AMERICAN TITLE 1900 Midwest Plaza, 801 Nicollet Mall Minneapolis, MN 55402 PLEASE REFERENCE OUR FILE NO. NCS-417606-MPLS Phone: 612-305-2175 Fax: 612-305-2029 E-mail: kmarleau@firstam.com B. The current use of the Subject Property is: Marina C. Proposed future use: Marina Please provide the following information: L The Subject Property is designated in the Comprehensive Plan as: Commercial 2. The current zoning classification for the Subject Property is: B-2 Lakeshore Business District 3. There are / are no ] applications filed for the Property (e.g., zoning, subdivision, special use permit, conditional use permit, variance site plan approval, etc.)*. 4. The use of the Property as described in paragraphs B, above, is: a. Permitted* Yes No b. Conditional* es No c. Nonconforming* es No d. Parking: Yes No (Is the current number of parking spaces in compliance with the current zoning requirements?) Unable to determine with available information First American Title File No.: NCS-417606-MPLS Exhibit A Legal Description Parcel 1: The West 68.05 feet of the East 183.1 feet of that part of Government Lot 1 North of Road, now known as C.S.A.H. #51, Section 8, Township 117 North, Range 23, West of the Sth Principal Meridian, Hennepin County, Minnesota; ALSO: That part of Lot 1, Section 8, Township 117, Range 23, Hennepin County, Minnesota, described as follows: Commencing at a point in the center line of the Markville and Maple Plain Road(so called) and now known as C.S.A.H. #51, said point being 183 1/10 feet due West of the East line of said Section;thence North parallel with the East line of said Section 640 feet to the Shore of Lake Minnetonka; thence Southwesterly along the shore line of said lake to a point which is 323 3/10 feet due West of the East line of said Section; thence South parallel with said East line 603 feet to the center line of said road; thence Northeasterly along said center line to place of beginning. Parcel2: The West 80 feet of the East 403.3 feet of Government Lot 1, Section 8, Township 117, Range 23, lying North of County Road No. 51, according to the United States Government Survey thereof, situate in Hennepin County, Minnesota. Abstract Property. First American Title File No.: NCS-417606-MPLS 5. The proposed use as described in Para a h C, above, is: a. Permitted* es No e. Conditional* es No f. Nonconforming* Yes �o� g. Parking: Yes 1��o (Is the current number of parking spaces in compliance with the current zoning requirements?) Unable to determine with available information 6. There are records in the City files o�ju;�sati�fied zoning violation(s)*. Yes No 7 Variances have been granted for the Property.* Yes No 8. Flood Insurance Rate Map (FIRM)* Yes No Property Appeaxs to be in zone(s) X and AE Community Panel No. 27053C0 30303E Dated: 9/02/04 9. Are the buildings and improvements in compliance with the above mentioned Ordinance/Comprehensive Plan and applicable ordinances and regulations, including without limitation subdivision, building, environmental and energy codes and regulations*: Yes No Unable to determine with available information 10. The sub'ect property can be conveyed without the filing of a plat, or re-plat of the land. Yes No s long as all three parcels are conveyed together. *For additional comments please use section 11 "Comments". 11. Comments: 4a & 5a See attached list of B-2 Uses 4c On-land storage of 20 customer boats for on-demand launching and caretaker residence Se On-land storage of customer boats for on-demand launching and caretaker residence 6 On-land storage of more than 20 customer boats for on-demand launching; Hardcover in excess of that allowed by Resolution No. 1623 (attached); and "Portable" boat storage rack erected without required permits 7 See variances and hardcover for shop building(Resolution No. 1623, attached) First American Title File No.: NCS-417606-MPLS 12. This information was researched by the undersigned, on request, as a public service. The undersigned certifies that the above information in paragraphs 1-8 is believed to be accurate based on or relating to the information supplied in paragraphs A, B, and C; however, neither the undersigned nor the City assumes liability for errors and omissions. All information was obtained from public records which may be inspected during regular business hours. .� � � �--� City Planner 12/11/2009 Evelyn T er , First American Title File No.: NCS-417606-MPLS Cit� of ORONO RESOLUTION OF THE CITY COUNCIL NO. � 62� � � • - • e+ A RESOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.41, SUBDIVISION 9 (B) (5) AND SUBDIVISION 10(D) - FILE #823 WHEREAS, Larry Hork (hereinafter "the applicant" ) is owner of the property located 3222 North Shore Drive, which property is the place of business of North Shore Drive Marina, within the City of Orono (hereinafter "City" ) and legally described as follows : The West 68 and 5/100 ft of the E 183 and 1/10 ft of that part of Government Lot 1 North of Road; (P. I .N. #08-117-23 41 0004 ) and The West 140 and 2/10 ft of the E 323 and 3/10 ft of that part of Government Lot 1 North of Road; (P. I.N. #08-117-23 41 0005 ) and The West 80 ft of the E 403 and 3/10 ft of that part of Government Lot 1 North of Road (P. I.N. #08-117-23 41 0006 ) ; All in Section 8 Township 117 North Range 23 West (hereinafter "property" ) ; and WHEREAS, the applicant has applied to the City for variance to municipal zoning code section 10. 41, Subdivisions 9 (B) (5 ) and 10 (D) to permit the construction of a marina primary service building 15 feet from the side lot line instead of the required 50 feet, with an increase of 4080 square feet of hardcover in the 75-250 foot lakeshore setback area for a total of existing and proposed hardcover of approximately 65 percent where only 25 percent is allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota : FZNDINGS l. The application was reviewed as zoning file #823 . 2 . The property is located in the LR-1C-1 Single Family Lakeshore ResidentialZoningsubdistrict, but is undergoing a contract rezoning to B-2 Lakeshore Business District, and has been reviewed per the performance standards of the B-2 district. � Cit� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1623 • d � r e 3 . The Orono Planning Commission reviewed this application on April 16 , 1984 , and recommended denial of the proposed variances based upon the following findings: a) The proposed structure and apron will increase the net hardcover in the 75-250 ' setback area by 4080 square feet to approximately 65 percent . b) No concurrent reduction of hardcover is proposed by the applicant. 4. The proposed structure would not have an adverse effect on Lake Minnetonka if an area of existing hardcover equal to the area of the proposed structure, in the 0-75 ' setback area, is concurrently removed. 5. The following hardships in locating the proposed structure to meeting the required 50 ' side yard setback have been demonstrated by the applicant: a ) Location of existing mature tr�es . b) Location of existing permanentlyinstalled dry-stack boat storage racks which cannot be feasibly relocated due to grade and access requirements. c) Topography (slope near North Shore Drive right of way) . d) Location of existing Metropolitan Waste Control Commission (MWCC) sewer lines across center of property. e) Location of existing parking configuration. 6 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff , comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. � �� C�t� o� ORONO RESOLUTION OF THE CITY COUNCIL . NO. 1623 • -—----- _ s _ � • 7 . The City Council finds 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 property; would not merely serve as a . convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; if 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. CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variancesto the Zoning Ordinances Section10. 41, subdivisions 9 (B) (5 ) and 10 (D) to permit the construction of a marina primary service building 15 feet from the side lot line instead of the required 50 feet, with an increase of 4080 square feet of hardcover in the 75- 250 ' lakeshoresetback area, increasing the totalhardcover in the75- 250 ' lakeshoresetback area to approximately65percent, where only 25 percent is allowed, subject to the following conditions : 1. Applicant shall plant natural screening, at least 80 percent opaque, along the property line west of the proposed building. Plantings must be completed 6 months after service building is completed. 2. No other variances are granted or permitted with this application except the ones specified above. 3 . Authorities granted by this variance run with the property not with the applicant, but are permissiye only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date lJune 11 , 1985 ) . 4 . Violation of or non-compliance with any.of the terms and conditionsof this variance shall constitute a violation of the zoning code, shallautomatically terminate any authority granted herein, and shall be punishable as a misdemeanor. ; . � Ci.t� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1623 � e - � � 5 . 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 re.cording of this resolution in the chain of title of the property. Adopted by the City Council on this 11-�h� day of June =, 1984 . Variance to be effective upon publication of the rezoning ordinance in the Laker on June 25 and on June 27 , 1984 , in the Lake Minnetonka Sun. ATTEST: � ����e1���J � Alberta M. Strom, City Clerk Mary C. u er, Mayor (1 ) P per ner (2 ? Property Owner ( 3 ) Property Owner C�t� of ORONO , RESOLUTION OF THE CITY COUNCIL N0. 1623 � 0 o � e • STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) On this _ /� _ day of ,f(f,(JE , 1984 , before me a Notary __r_'_._�'_'___._ Publ ' c withi and for �said County, per�onally appeared `���_ _�� known to me to be the person (sj des'cribed in ,�nd who executed the foregoing instrument , and acknowledged thati he ( they) executed the same as his (their) free act an� deed . � " r"`~ DOROTHY M. HAlUM � _� � � �' NOTARY P�I�ITA - -- • -.--- .�,,� HENNEPIN COUNTY A1�Y PU C ---"� . 1�N oomr�an�eqMe+�.d,�io s��� _/�� MY � OMMISSION E.�RES STATE OF MINNGSOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1989 , before me a Notary Public within� and for said County, personally appeared known t� me to be the person (s) described in and who executed the foregoing instrument , and acknowledged that he (they) executed the sa�e as his (their) free act and deed . , NOTARY PUBLIC � � ---� MY COMMISSION EXPIRES~ — � � 7 1 Sec. 78-665. Permitted uses. Within the B-2 lakeshore business district, no land or structure shall be used except for one or more of the following uses: (1) Rental of in-water boat slips. (2) Sales of boats,motors,trailers and marine accessories. (3) Repair and servicing of boats. (4) On-land storage of boats,winter and summer. (5) Marine fuel sales. (6) Bait and fishing tackle sales. Sec. 78-666. Conditional uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this division. All conditional use permit applications shall be reviewed in accordance with the provisions of article V of this chapter. Within any B-2 lakeshore business district, no structure or land shall be used for the following uses without a conditional use permit: (1) Boat clubs(time share). The applicant shall demonstrate that adequate parking is available on the site. (2) Public boat launching, on-demand(on-demand launching of customer-owned boats stored on the business site). The applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to Lake Minnetonka Conservation District(LMCD)permit for such use, but the city shall not be obligated to approve such use if approved by the LMCD when parking is inadequate. (3) Public boat launching,transient.(Launching of boats via a ramp or other means for or by customers when such boats are not stored on the site). The applicant shall demonstrate that adequate car-trailer parking is available on the site. Hours of operation shall be at council discretion. (4) Charter boat port of call.A charter boat port of call shall be defined as a location where a charter boat may pick up passengers other than the owner or operator or employees of the charter boat, whether or not the charter boat is normally berthed on the property. The city may place appropriate conditions on a charter boat port of call regarding minimum parking requirements, hours of operation,etc., as may be appropriate to protect public interest. The applicant shall demonstrate to the council that ali such conditions are met. (5) One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the city council. Sec. 78-667. Accessory uses. Within any B-2lakeshore business district,the following uses shall be permitted accessory uses: (1) Signs, as regulated in this chapter. (2) Boat head pumpoutlsanitary boat waste dumping facility. (3) Fishing tournaments, subject to all other permit requirements of this Code. (4) Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food which has been professionally prepared at a location other than on the premises and does not include full-course meals or any food preparation other than warming by use of an infrared or microwave oven. Sale of food from vending machines is allowed. (5) Dive shops. (6) Clubhouse(assembly/lounge/kitchenette area for use by slip rental or boat club customers only). (7) Lessons/teaching(sailing schools,etc.). (8) Rental of boats. (9) Sailboard sales/rental. (10) Ice boating sales/rental/service and operations base. (11) Ice fishing tackle sales. (12) Cross-country ski sales/rentaUservice. � , , Sec. 78-665. Permitted uses. Within the B-2 lakeshore business district,no land or structure shall be used except for one or more of the following uses: (1) Rental of in-water boat slips. (2) Sales of boats,motors,trailers and marine accessories. (3) Repair and servicing of boats. (4) On-land storage of boats,winter and summer. (5) Marine fuel sales. (6) Bait and fishing tackle sales. Sec. 78-666. Conditional uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this division. All conditional use permit applications shall be reviewed in accordance with the provisions of article V of this chapter. Within any B-2 lakeshore business district,no structure or land shall be used for the following uses without a conditional use permit: (1) Boat clubs(time share). The applicant shall demonstrate that adequate parking is available on the site. (2) Public boat launching, on-demand(on-demand launching of customer-owned boats stored on the business site). The applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to Lake Minnetonka Conservation District(LMCD)permit for such use, but the city shall not be obligated to approve such use if approved by the LMCD when parking is inadequate. (3) Public boat launching,transient.(Launching of boats via a ramp or other means for or by customers when such boats are not stored on the site). The applicant shall demonstrate that adequate car-trailer parking is available on the site. Hours of operation shall be at council discretion. (4) Charter boat port of call.A charter boat port of call shall be defined as a location where a charter boat may pick up passengers other than the owner or operator or employees of the charter boat, whether or not the charter boat is normally berthed on the property. The city may place appropriate conditions on a charter boat port of call regarding minimum parking requirements, hours of operation,etc.,as may be appropriate to protect public interest. The applicant shall demonstrate to the council that all such conditions are met. (5) One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the city council. Sec. 78-667. Accessory uses. Within any B-2 lakeshore business district,the following uses shall be permitted accessory uses: (1) Signs, as regulated in this chapter. (2) Boat head pumpoubsanitary boat waste dumping facility. (3) Fishing tournaments, subject to all other permit requirements of this Code. (4) Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food which has been professionally prepared at a location other than on the premises and does not include full-course meals or any food preparation other than warming by use of an infrared or microwave oven. Sale of food from vending machines is allowed. (5) Dive shops. (6) Clubhouse(assembly/lounge/kitchenette area for use by slip rental or boat club customers only). (7) Lessons/teaching(sailing schools,etc.). (8) Rental of boats. (9) Sailboard sales/rental. (10) Ice boating sales/rental/service and operations base. (11) Ice fishing tackle sales. (12) Cross-country ski sales/rentaUservice. ' � T � Sec. 78-665. Permitted uses. Within the B-2lakeshore business district, no land or structure shall be used except for one or more of the following uses: (1) Rental of in-water boat slips. (2) Sales of boats,motors,trailers and marine accessories. (3) Repair and servicing of boats. (4) On-land storage of boats,winter and summer. (5) Marine fuel sales. (6) Bait and fishing tackle sales. Sec. 78-666. Conditional uses. No conditional use permit shall be granted unless the property is found to be in compliance with the landscaping and screening requirements of this division.All conditional use permit applications shall be reviewed in accordance with the provisions of article V of this chapter. Within any B-2 lakeshore business district,no structure or land shall be used for the following uses without a conditional use permit: (1) Boat clubs(time share). The applicant shall demonstrate that adequate parking is available on the site. (2) Public boat launching,on-demand(on-demand launching of customer-owned boats stored on the business site). The applicant shall demonstrate that adequate parking is available on the site. Approval shall be subject to Lake Minnetonka Conservation District(LMCD)permit for such use, but the city shall not be obligated to approve such use if approved by the LMCD when parking is inadequate. (3) Public boat launching,transient.(Launching of boats via a ramp or other means for or by customers when such boats are not stored on the site). The applicant shall demonstrate that adequate car-trailer parking is available on the site. Hours of operation shall be at council discretion. (4) Charter boat port of call. A charter boat port of call shall be defined as a location where a charter boat may pick up passengers other than the owner or operator or employees of the charter boat, whether or not the charter boat is normally berthed on the property. The city may place appropriate conditions on a charter boat port of call regarding minimum parking requirements, hours of operation,etc.,as may be appropriate to protect public interest. The applicant shall demonstrate to the council that all such conditions are met. (5) One caretaker dwelling unit, subject to conditions and limitations for such use that may be imposed by the city council. Sec. 78-667. Accessory uses. Within any B-2 lakeshore business district,the following uses shall be permitted accessory uses: (1) Signs, as regulated in this chapter. (2) Boat head pumpoutlsanitary boat waste dumping facility. (3) Fishing tournaments, subject to all other permit requirements of this Code. (4) Sale of prepackaged foods or food from vending machines. Prepackaged food includes only food which has been professionally prepared at a location other than on the premises and does not include full-course meals or any food preparation other than warming by use of an infrared or microwave oven. Sale of food from vending machines is allowed. (5) Dive shops. (6) Clubhouse(assembly/lounge/kitchenette area for use by slip rental or boat club customers only). (7) Lessons/teaching(sailing schools,etc.). (8) Rental of boats. (9) Sailboard sales/rental. (10) Ice boating sales/rental/service and operations base. (11) Ice fishing tackle sales. (12) Cross-country ski sales/rentaUservice.