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0.11 04 i,C1 RESOLUTION OF THE CITY COUNCIL
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` 10ESII-& NO. 4996
A RESOLUTION GRANTING
VARIANCES AND A CONDITIONAL USE PERMIT
TO MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (L)(1);
SECTION 10.56, SUBDIVISION 16 (J)(3); SECTION 10.55, SUBDIVISION 8;
SECTION 10.56, SUBDIVISION (J)(4b); SECTION 10.56, SUBDIVISION 16 (N)(1); AND
SECTION 10.03, SUBDIVISION 15(G)(2c)
FILE NO. 03-2869
WHEREAS,Dr.Robert Gumnit and Francis Graham,husband and wife,(hereinafter
"the applicants")are the owners of the property located at 1100 Old Crystal Bay Road South,within
the City of Orono (hereinafter "the City") and legally described as follows:
"Exhibit A"attached,Hennepin County,Minnesota,(hereinafter"the property");and
WHEREAS, the applicants have applied to the City for variances and conditional
use permit to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision
16 (L)(1); Section 10.56, Subdivision 16 (J)(3); Section 10.55, Subdivision 8; Section 10.56,
Subdivision (J)(4b); Section 10.56, Subdivision 16 (N)(1); Section 10.03, Subdivision 15 (G)(2c)
to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on
the property, constituting hardcover within the 0 to 75' setback zone from the OHWL of French
Lake where no hardcover is permitted; grading, filling and excavating within 75' of the OHWL
of French Lake where no grading, filling or excavating is permitted; movement of more than 500
cubic yards of material within the shoreland overlay district; and to permit keeping horses on an
intermittent basis on the island of land, an agricultural use within 150' of the OHWL of French
Lake where no agricultural use is permitted; and a fence within 150' of the OHWL of French
Lake where no fences are permitted, located in the RR-1B zoning district; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on February 19, 2003, at which time all persons desiring to be
heard concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
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FINDINGS
1. This application was reviewed as Zoning File#03-2869.
2. The property is located in the RR-1B Zoning District,where 2 acres is the minimum
required lot area. The property consists of approximately 25.4 acres.
3. The Orono Planning Commission reviewed this application on February 19,2003 and
recommended to table the application by a vote of 6 to 0 to the applicant to address
certain issues. The application was heard again at the May 19, 2003 Planning
Commission meeting. A recommendation to approve the proposed pathway with
associated variances and conditional use permit was made by a vote of 6 to 0. The
Planning Commission recommended approval of the horse use on the island with
associated variances with a vote of 3 to 3.
4. The Planning Commission made the following findings of fact:
A. There is currently a pathway in place that provides access to the island. If the
applicant is not permitted to improve the pathway, it will likely continue to be
used in its unsafe state;
B. Horses are a permitted accessory use in the zoning district. The applicant is
proposing less than the number of horses permitted on land of this size, on an
intermittent basis; and
C. The use of the island will not negatively impact the health,welfare or safety of
the public nor negatively impact neighboring views.
5. The City Council makes the following additional findings:
A. The 150' OH`VL setback established when the Shoreland Ordinance was
adopted by the City in 1992 makes a significant portion of the property
unusable for many uses that would formerly have been allowable.
B. From the island of land in question,wetlands extend some 600' before open
water is reached;this is 600' to the edge of the permanent wetland,not to the
edge of floating bogs which visually would make the open water basin vary in
shape over time. The unique geography of this basin,with 600'of wetland to
filter runoff before it reaches open water,is supportive of allowing horses to
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'CITY of ORONO
134 01,0 k.C7 RESOLUTION OF THE CITY COUNCIL
4kESIIO4 NO. 4 9 9 6
graze(and allow a fence to be constructed as proposed)as near as 26'to the
wetland edge while maintaining an undisturbed 26' buffer.
6. 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
variances will 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 applicants,but is necessary to alleviate a demonstrable hardship or difficulty;is
necessary to preserve a substantial property right of the applicants; and would be in
keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the
City.
7. The City Council finds that granting conditional use permits will not be detrimental
to the health, safety or general welfare of the public,will not adversely affect light,
air nor pose a fire hazard or other danger to neighboring properties,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.
8. The City Council has considered this application, including the findings and
recommendations of the Planning Commission,reports by City Staff,comments by
the applicants and the effect of the proposed variances 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 variances and a
conditional use permit to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56,
Subdivision 16(L)(1); Section 10.56,Subdivision 16 (J)(3); Section 10.55,Subdivision 8; Section
10.56, Subdivision (J)(4b); Section 10.56, Subdivision 16 (N)(1); Section 10.03, Subdivision 15
(G)(2c)to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land
on the property,constituting hardcover within the 0 to 75' setback zone from the OHWL of French
Lake where no hardcover is permitted; grading, filling and excavating within 75' of the OHWL of
French Lake where no grading,filling or excavating is permitted;movement of more than 500 cubic
yards of material within the shoreland overlay district; and to permit keeping horses on an
intermittent basis on the island of land,an agricultural use within 150'of the OHWL of French Lake
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where no agricultural use is permitted;and a fence within 150' of the OHWL of French Lake where
no fences are permitted. Approval is subject to the following conditions:
1. Council approval is based on the site plan submitted by the applicant attached to this
resolution as Exhibit B. Any amendments to the site plan may require further
Planning Commission and City Council review.
2. Approval is subject to the following:
a) Permit review and approval from Minnehaha Creek Watershed District is
required prior to construction;
b) Review and approval from the Department of Natural Resources is required
prior to construction;
c) The property owner will have the ability to routinely maintain the pathway, as
approved;
d) No more than 4 horses for a period of two weeks at a time and no more than
20 weeks out of the calendar year will be permitted on the island;
e) Fencing may be located no closer than 26' from the OHWL of French Lake;
and
f) Fencing shall be made of a low visibility material and no more than 6' in
height, limiting visibility from off-site.
3 . Authorities granted by this variance run with the property not with the applicants,
but are permissive only and must be exercised by application for a building permit
within one year of the date of Council approval, or these variances will expire on
• that date (June 23,2004).
4 . Violation of or non-compliance with any of the terms and conditions of this
variance shall constitute a violation of the zoning code, shall automatically
terminate any authority granted herein, and shall be punishable as a misdemeanor.
5. The undersigned applicants have read,understood and hereby agree to the terms of
this resolution and on behalf of themselves, their heirs, successors and assigns,
hereby agree to the recording of this resolution in the Chain of Title of the property.
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O OCITY of ORONO
�. � '�►' Il' ''',1' iNk,i- G� RESOLUTION OF THE CITY COUNCIL
9kESI'iOg� NO. 4 9 9 6
Adopted by the City Council of the City or Orono,Minnesota at a regular meeting held on the
23rd day of June, 2003.
ATTEST:
44L1-4-11. v,,� 14 //
Linda S. yee, City Clerk
Barbara A.Peterson,Mayor
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Property Owner )
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 23rd day of June, 2003 by
Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
• KRiS"ti B.ANDERSON Not 1-- No 120....,
r - NOTARY-UBUC-t'SN -2P -� ti Public
'L C,-: ,-- 'nn 5x,
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STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 2,31-day of June,2003
by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
,'•, "�, RACHEL DODGE --e 00(.7
�' NOTARY PUBLIC-MINNE"OTA Notary Public "
My Commission Expies Jan.31,2CC5 ;
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► �I' ►��+G RESOLUTION OF THE CITY COUNCIL
9kes-00 - NO. 4 9 6STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this_ riday of-au\1 2003 --P 1-{J. 6u m n;;-1-- Marc
:a before me, /
<c�personally
who is personally known to me
1/ whose identity I proved on the basis of ) Dc_ .
whose identity I proved on the oath/affirmation of•
credible witness , a
and who executed the foregoing instrument,and acknowledged that h she/they executed the same as
his/her/their free act and deed.
" ; DENISE M.LESKINEN -
7.rt. NOTARY PUBLIC-MINNESOTA
St Notary Public
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� My Commissl:n Expires Jan.31,?�^{
STATE OF MINNESOTA
COUNTY OF HENNEPIN
On this? day of�0Ly , 2003, P'GLOC2.S C--r cr`�1am, ni ' � ersonall
appeared before me, kfr,zp y
who is personally known to me
V whose identity I proved on the basis of k.)IAJ Dz.
whose identity I proved on the oath/affirmation of
credible witness a
and who executed the foregoing instrument,and acknowledged that he/she/they executed the same as
his/her/their free act and deed.
C=;iiS=M. LESKIC:: //i/fr'---- 1,_Li/
s 1,1. "' NOTARY PUBLIC-MIN7k:°"OT ` Notary Public
� - My Ccrr•.missicn Ex 's J-- ,.-005
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That part of Government Lot 4, Section 9, Township 117 North, Range 23 West of the 5th. Principal Meridian lying
easterly of the center Line of County Road No. 84 and lying northerly of the center. Line of County Road No. 51.
Those parts of Government Lots 6 and 8, Section 9, Township 117 North, Range 23 West of the 5th Principal
Meridian described as follows:
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Commencing at the North Quarter corner of saic•' Section 9; thence South 0 degrees 18 minutes 18 seconds
East (the north line of theNortheast Quarter of said Section 9 has an assumed bearing of South 89 degrees
09 minutes 26 seconds Easta distance of 1950.90 feet; thence South 88 degrees 32 minutes 15 seconds East
a distance of 1104.09 feet, to the beginning of the property to he described; thence South 84 degrees 47 •
minutes 35 seconds East a distance of 1258.08 feet, to the Intersection with a Line drawn from the north-
east corner of Government Lot 4 in said Section 9 to a point on the east line of said Section 9 distant
749.08 feet northerly from the East Quarter corner of said Section 9; thence southwesterly along said Line
to the northeast corner of said Government Lot 4• thence westerly along the north line of said Uovernment
Lot 4 to the center line of County Road No. 84; thence northerly •along the center line of said road to the
intersection with a Line drawn North 88 degrees 32 minutes 75 seconds West from the point of beginning; ,
thence South 88 degrees 32 minutes 15 seconds East a distance of 346. 17 feet to the point of beginning. •
EXCEPT those parts of said Government Lots 6 and 8 described as follows:
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Commencing at the North Quarter corner of said Section 9; thence South 0 degrees 18 minutes 18 seconds
East (the north line of theNortheast Quarter of said Section 9 has an assumed bearing of. South 89 degrees
09 minutes 26 seconds Easta distance of 1811.00 feel; thence South 69 degrees 16 minutes 50 seconds East
a distance of 1209.07 feet, to the beginning of the propertyto be excepted• thee South 69 degrees 16
minutes 50 seconds East a distance of 240.02 feet; thence Stheme
19 degrees 22 minutes 40 seconds West a
distance of 140.36 feet; thence North 70 degrees 0Q minutes 00 seconds West a distance of 34.81 feet;
thence South 20 degrees 46 minutes 57 seconds West a distance of 221.63 feet; thence North 68 degrees 49
minutes 00 seconds West a distance of 197.26 feet, to a point hereinafter referred to as "Point A"; thence
North 18 degrees 58 minutes 20 seconds East a distance of 360.96 feet to the point of beginning.
Subject to a 30 foot easement for driveway purposes over, under and across Government Lots 4 and 8 in said
Section 9. The center line of said easement is described as follows:
Commencingat the above referenced "Point A"; thence South 68 degrees 49 minutes 00 seconds East a distance
of 47.66 eet; thence North 19 degrees 43 minutes 40 seconds East a distance of 20.00 feet to the beginning
of the center line to be described( thence South 19 degrees 43 minutes 40 seconds West a distance of .202.02
feet( thence South 12 degrees 36 minutes 50 seconds East a distance of 181.37 feet( thence South 2 degrees
55 minutes 00 seconds East a distance of 157.74 feet; thence South 24 degrees 14 m.tnutes 20 seconds West a
distance of 128.71 feet to the center Line of County Road No. 51 and said center line there terminating.
And of the location of all buildings, thereon, and all visible encroachments, if any, from or on said Land. As
surveyed by me this 11th day of December, 1972.
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