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Home My WebLink About#3522-variance-1995 . ,,,; �. _ , 7° . � �� . O �� Q CITY of ORONO � �°�:��-� ,� RESOLUTION OF THE CITY COUNCIL � � �•3 • � ,�, � �'Y �� ti rro. � 5 � 2 t��9x' Og'�G ESH A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FILE #1988 WHEREAS, Kenneth J. Severinson and Eileen F. Severinson (hereinafter "the applicants ) are owners of the property loca�ed at 2800 Shadywood Road within the City of �� Orono (hereinafter "City") and legally described as follows: Tract C, Registered Land Survey No. 1196, Hennepin County, Minnesota (her�inafter "the property"); and WI�REAS, the applicants have applied to the City for a variance to Municipal • Zoning Code Section 10.22, Subdivision 1 (B) to permit the reconstruction of a 6-7' fence located within 5' of the shoreline of Lake Minnetonka where such structure must be located 75'. l�OW, THEREFORE, BE IT RESOLVED by the City Council of Or.ono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1988. � 2. The property is located in the LR-1B, Lakeshore Residential Zoning District requiring 1 acre in area. The property consists of 39,000 s.f. or .89 acres. 3. The Orono Planning Commission reviewed this application on January 17, 1995, and recommended approval of the variance as proposed based upon the following hardships and unique findings: A. . The Narrows Channel is a heavily tra�cked channel connecting the lower lake and the upper lake. There is a need for both a visual and noise buffer from the boat traffic and sounds of boaters that pass throu�h the • ' channel. • Page 1 of 5 ' Fam 5005 OisN Ororo 4 �;b i o� � CITY of ORONO Ov� .i� ,.. O • �:e�-� � RESOLUTION OF THE CITY COUNCIL �, ��',' �`a,=� ti No. � 5 2 2 Y � '�,�� og�G ES�I B. The channel is heavily trafficked both in the summer by boaters and the winter by snowmobilers. � C. Many private properties along the channel within the Ciry of Orono have similar privacy fencing. D. Elimination of the fence could potentially result in the reduction of the value of the property. E. The property is located directed across from the Tonka Bay Fishing Park where the public is allowed to fish. Fencing helps to define the private property along the channel from the public �shing areas. F. The fence provides a noise protection and visual protection from the public who fish in the park. The park is heavily used and crowded with • people fishing throughout the entire summer. G. The majoriry of the area of this property is located within the lakeshore protected area where no structures are allowed. The total area of the property is 39,000 s.f. The area within the 0-75' setback area is 29,500 s.f. H. The property is sunounded by the lake on the north and the east and by the County road on the south. Orono Code would have allowed a privacy fence within the street yard of the property as it is adjacent to heavily trafficked County road but code would not allow such a structure within the 0-75' setback area. 4. 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 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. • Page 2 of 5 � Fwm SOUS Disk Ororo .�:r ��., . , z � O� O � O CITY of ORONO • �°�:��=� ..� RESOLUTION OF THE CITY COUNCIL 1� �� -.3 . . 1�y ,�, � �� a,� �ti No. 3 5 � 2 ��9� o¢�G . Es8 5. The City Council has considered this application including the findings and recorrunendations of the Plaruiing Commission, reports by City staff, comments by the applicants and the effect of the proposed variance 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 variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to perinit tlie reconstruction of a 6-7' privacy fence located approximately 5' from the shoreline of Lake Minnetonka, subject to the following conditions: 1. Applicants shall corxiplete the application for a building permit for the reconsti�uction of the fence by Monday, February 20th. Such permit shall be subject to a penalty fee. • 2. Authorities granted by this variance run with the property not with the applicants, Uut are permissive only. 3. Violation of or non-compliance wilh any of the terms ancl cotiditions oF this variance shall constitute a violatioi: of the zoning code, shall autoinatically � terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. 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 resolutioii in the chain of title of the property. • Page 3 of 5 ' Fam 5005 Disk Orono . �,, � y. � O� O �� O CITY of ORONO � � .�'�=��=� ...� RESOLUTION OF THE CITY COUNCIL � j�� ,� �, . ,�,� �, � � .� ` ��, N0. .`3 4� � � ��9�, g�G EsBo Adopted by the Orono City Council on this 13th day of February, 1995. AT ST: orothy M. H llin, City Clerk ��t��X X�� . Diann Goett�.n, Acting Mayor • ` � F � � ��:�'Ul�� 6 � Property Owner(s) • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13ih day of February, 1995, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. G�'��a� �1• U,2� . No ry Public • Page 4 of 5 � Fam5005 DiskOmno ' ...+�.:-.i 7+, Sv � 1 � - • � O� O � O CITY of ORONO � � �.��`�=� ,.� RESOLUTION OF TI� CITY COUNCIL �, ��, `a,� �, No. 3 5 2 2 1 � ��9� og�G ESH STATE OF MINNESOTA ) . ) ss. COUNTY OF HENNEPIN ) On this ��+h day of — r , 199�before me a Notary Public within and for said county,personally appeared ',icPH }= Se v e r��so� rv,�rr�P�. 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. �� e� GI�I.E Il H�A$E1�AN �'�S'r�o , � ,c( ��/-�J . I�pTJ�r�1l�UiC-IwNI�iJ► ; " 'r�nw Courmr N01 ARY PUBLIC . �,�: My Cor�or�E�roa J�n.31.2�00 . � � STATE OF MINNESOTA ) � �) ss. COUNTY OF HENNEPIN ) On this �2� =� day of ��•�� _, 19Q5' before me a IVota_ry Public within and for said county,personally appeared �P nn��i T� ��ve��`n sav�, ��P� 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 • Page 5 of 5 . � ' FamSWS UiskOrono