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Home My WebLink About#4025-variance-1998 !r` ' ' s. , • � O� • O O �b- - CITY of ORONO _ � ti '�' RESOLUTION OF THE CITY COUNCIL ��`91t',E H2Og'�'� N O. � � � � S . A RESOLUTION GRANTING . A TEMPORARY VARIANCE TO � MiTNICIPAL ZONING CODE � SECTION 10.03, SUBDIVISION 15(C) - FILE #2322 WHEREAS, Steven N. Filips (hereinafter "the applicant") is owner of the property located at 2570 Thoroughbred Lane within the City of Orono (hereinafter "City") and legally described as follows: Lot 4, Block 1, Old Crystal Bay Road 2nd Addition, Hennepin County, Minnesota (hereinafter "the property"); and • WHEREAS, the applicant has applied to the City for a temporary after-the-fact variance to Municipal Zoning Code Section 10.03 Subdivision 15(C) to permit construction of . a 6-foot height privacy fence along the Watertown Road frontage of the properly, such fence located within the rear yard of this through lot where such fence would normally not be allowed to exceed 3-1/2 feet in height. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2322. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on January 20, 1998, and on a vote of 5-0 recommended approval of the proposed temporary variance � � based upon the following fmdings: � . Page 1 of 6 , � o � � � � o 0 ��b_ - CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCII � �kESH�g' NO. � � � � �� a. The relationship between applicant's property and the� orientation of � Truffula Trail is unique to applicant's property, because headlights from . � traffic exiting Truffula Trail aim directly at applicant's residence, and his rear yazd is relatively open and not vegetated at this time. b. The City has maintained a character of open spaces, not hemmed in by ` privacy fences, along collector roads. Very few 6-foot fences along road frontages can be found within the rural area. A 6' fence at the intended location alters the essential character of the locality, is not in keeping with the normal practice within Orono's rural area, and is not appropriate on a permanent basis. � c. The peculiarities of this property which contrast it with other properties, is that it lines up directly across from a road access where the elevations of the property and said road access result in headlights shining directly at the applicant's residence. d. Only a limited number of properties in the RR-1B Zoning District are similarly situated so as to be affected by headlights from traffic exiting a nearby road. e. The applicant has demonstrated specific screening needs which would preserve his enjoyment of his property, and Planning Commission agrees that such screening needs are legitimate but cannot be immediately met by a vegetative screen which will take a period of time to establish. r f. VJhile the variance will serve as a convenience to the applicant, applicant has demonstrated hardships and difficulties which suggest that until a vegetative barrier is established, headlights will continue to be a problem. g. The granting of a�limited-term variance allowing two growing seasons for � establishment of a suitable vegetative barrier, will accomplish the property owner's screening goals while having only a short-term visual impact on � . Page 2 of 6 � . , � O ' Y • O O �b. - C ITY of ORONO � ' ti �� G'�' RESOLUTION OF THE CITY COUNCIL � L�kESHOg'� NO. Q: � � .�� h. The applicant constructed said fence after contacting the City and being told no pernut was required, and that a 6-foot fence was allowed in a rear . yard. The fact that this is a through lot was not a part of that � . communication, hence applicant was unfortunately provided with incomplete information as to code standards. 4. 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. ° 5. The City Council fmds 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 temporary 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; is 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. � CONCLUSIONS, ORDER AND CONDITIONS � Based upon the above findings, the Orono City Council hereby grants a temporary after-the-fact variance to Municipal Zoning Code Section 10.03 Subdivision 15(C) to permit construction of a 6-foot height privacy fence along the Watertown Road frontage of � the property, such fence located within the rear yard of this through lot where such fence would normally not be allowed to exceed 3-1/2 feet in height., subject to the following r conditions: 1. The fence as it currently exists may remain in place until June 30, 2000, at which time it shall be made conforming by either removing it entirely or by reducing its height to be no higher than 3-1/2 feet above the pre-existing grade. � If the property is sold prior to June�30, 2000, the fence shall be brought into � conformity prior to the closing date of the sale. • Page 3 of 6 � o . � � � o 0 �b_ - CITY of ORONO � � �. � ��L �G'�' RESOLUTION OF THE CITY COUNCII � � �kESI3�g' � � NO. � � �. � '� 2. It is the intent of the City that said fence be made conforming no later than June 30, 2000 regardless whether applicant has successfully established a vegetative barrier to his satisfaction. 3. By signing this resolution applicant hereby agrees to remove the fence in accordance with the timeframe established herein. 4. Authorities granted by this variance run with the properry not with the applicant, and are permissive only to the extent indicated herein. 5. 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. � 6. 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 recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 26th day of January, 1998. . ATTEST: :� � �� Linda S. ee, City Clerk . Gabrie abbour, May � . � r , � � <---� ' �. operty Owner(s) L � • Page 4 of 6 , � �� O O �b. - CITY of ORONO � � � ti �� ,'�' RESOLUTION OF THE CITY COUNCIL �9kESI3�g'� NO. � � � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) - On this �� day of 1998 before me a Notary Public within and for said county, personally appeared � �, � " ' known to me to be the person(s) described in and wh ex cuted ti'ie foregoing instrument, and � acknowledged that he(they) executed the same as his (their) free act and deed. . , ('ysu� N RY PUBLIC • ��L.'iS.:s� a '��, JAMIE L GEMAR e'�° ��` �� NOTAR1fPU9�MC-MINNESOtA . � -� ' HB�WEPIN CBUNTY o • •• +,..• My Com�Nubn$�ires,lan.31,2000 STATE OF MINNESOTA ) �.,.-, ) ss. COUNTY OF HENNEPIN ) On this St�� day of 199$before me a Notary Public within and for said county, personally appeared �' �; ; i r 'e.c� 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. �.'".• CAROLE A HASEMAN � `��'G• '��, A d�c'-�`.J . f` NOTARY PUBL{C-MINNESOTA NOTARY PUBLIC ;� :'.: HENNEPINCOUNTY `��►•'' My Commission Expires Jan,31,2�00 � Page 5 of 6 � O� � O O �b. � CITY of ORONO � � � ti �� G'�' RESOLUTION OF THE CITY COUNCIL �kESH04 NO. L� �1 � � STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) , . The foregoing instrument was acknowledged before me on this 26th day of January, 1998, by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono, • a Minnesota municipal corporation and said instrument was executed on behalf of the City. . i Notary Public � Page 6 of 6 .