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Home My WebLink About#5656 11 11 1111 11 11 11 11 Doc No 4466156 01/31/2008 01:00 PM Certified filed and or recorded on above date: Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TransID 371396 Deputy 45 New cert Cert Fees 1082162 $1.50 AF $10.50 STATEFEE $34.00 TDOCFEE $0.00 TSUR $46.00 Total A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1282 AND 78-1288 FILE NO. 06-3243 .4?w O P (°C Ct ?,} CITY of ORONO Vr., ,��ti� ? ,� �� G� RESOLUTION OF THE CITY COUNCIL `� czs-00- NO. 5 6 5 0 A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1282 AND 78-1288 FILE NO. 06-3243 WHEREAS, Richard Marzan, a single person, (hereinafter "Owner") is the owner of the property located at 2795 Pheasant Road within the City of Orono (hereinafter "City") and legally described as: Lot 11, Pheasant Lawn Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, Owner has made application to the City for a variance from City Code Section 78-1285(b) to permit intensive vegetation removal within the 0' to 75' foot zone; 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 August 20, 2007, at which times 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: FINDINGS 1. This application was reviewed as Zoning File#06-3243. 2. The Planning Commission reviewed this application on August 20, 2007 and on a vote of 3 - 1 recommended approval of the variance, based on the following findings: a. The vegetation removal would be preparatory to replanting with native plant materials. b. The property has a steep lakeshore slope approximately 24 feet high. This slope is manmade and is unstable. Page 1 of 4 O 1O _ - CITY of ORONO A \s-\ 4 ti �� 1� ti*'�; li ; G~ RESOLUTION OF THE CITY COUNCIL �IkeS0°r NO. 5 6 5 6 c. The vegetation cleared would be primarily weeds and non-native species. No significant trees would be removed. d. The proposed plantings would stabilize the slope. 3. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 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 Owner but necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; 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 variance to Orono Municipal Zoning Code Sections 78-1285(b) to allow intensive vegetation removal within the 0' to 75' foot zone, subject to the following conditions: 1. Council approval is based on the plans submitted by the Owner and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to these plans may require further Planning Commission and City Council review. 2. The retaining walls, steps and a patio within the 0 to 75 foot zone shown on these plans are not part of this approval. 3. The Owner shall execute a conservation easement to ensure maintenance of the plantings. Page 2 of 4 0 0 CITY of ORONO *!!�MG "' RESOLUTION OF TH C T OUNCI L ► ` 10ES1104� NO. 4. Authorities granted by this resolution run with the Property not with the owner, but are permissive only and must be exercised by commencing the project before September 10, 2008 or the variance will expire on that date. 5. The project must be completed within six months of its commencement. If the project is commenced but not completed the Owner grants the City and/or its contractor the right to enter onto the property to complete the project. The Owner agrees that the cost of this work may be assessed to the property as a special assessment, to be a lien on the property until paid. 6. 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. 7. The undersigned Owner has read, understood and hereby agrees to the terms of this resolution and on behalf of his 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 this 10th day of September,2007. ATTEST: j Linda S. Vee, City Clerk es M. White,Mayor VI Rich. d Marzan V Page 3 of 4 Olv °440 =-- 4 CITYofORONO l , Ai1, ._ G RESOLUTION OF THE CITY COUNCIL 410Es1104 NO. 5656 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this o9 8 day of sr�bp,� 2007 by Richard Marzan, a single person. BARBARA BARBARA G. SILOS k eoothaA_A ,S•ati,JwNOTARY PUBLIC MINNESOTA (S sz My Commission Expires Jan.31,2008 Notary Public Page 4 of 4 5656 PLANT MATERIALS SCHEDULE : SHRUBS Qty. Key Scientific Name Common Name Size Root Notes 25 Cs Cornus sericea'Isantt' Isanti Dogwood #1 POT Healthy/Full 30 Rs Rubus sp. Darrow Blackberry #1 POT Healthy/Full 15 Ra Rhus aromatica'Grow Low' Grow-Low Fragrant Sumac #1 POT Healthy/Full 120 Am Aronia melanocarpa Autumn Magic Black Chokeberry #1 POT Healthy/Full 'Autumn Magic' 60 Dl Diervilla lonicera Dwarf Bush Honeysuckle #1 POT Healthy/Full 30 Aa Ameianchier alnifolia Regent' Regent Saskatoon Serviceberry #1 POT Healthy/Full 10 Ca Corylus americana American Hazelnut #1 POT Healthy/Full PERENNIALS Qty. Key Scientific Name Common Name Size Root Notes 30 An Aster novae-angllae New England Aster #1 POT Healthy/Full 35 Ep Echinacea purpurea Purple Conetlower #1 POT Healthy/Full 35 Lp Liatris pymostachya Prairie Blazing Star #1 POT Healthy/Full 35 Rf'CT Rudbeckia fulgida'Goldsturm' Black Eyed Susan #1 POT Healthy/Full 30 Mp Monarda punctata Spotted Bee Bairn #1 POT Healthy/Full These drawings are part of a set of plans prepared by Stephen Mastey of Landscape Architecture, Inc.(project 07-03) dated 8/31/07 which are incorporated by reference. i rI \I 1 ` � 656,, I '20"Ella `, i. I I t EX.GARAGE , x /.- 1 E C TREES,TYP.,/\`, - „L '28"" Basswood 1 I • Ij I 1- I > \ , I , I I EXISTING SINGLE-FAMILY HOUSE I ' I , ;. I \c16 Elm i - , II \ f f \-- \ 1 i I EX.TURF LAWN AREA % 75'SETBACK LINE FROM OHW iiiii, `\ 1 - _\ 1 /,10 Pirie I _\ ( /r , \� \ : 8r; e um= I y'I 1., may/" 1 ► from OHW � 14 Spruce 4+ I �\ 1 /�/ 1 \ 12 Pine - \ 18" Spruce _ 1 REMOVE E .TREE,TYP. 1 12' Pine- - " \ 1 \" _ I / 1 'P1P HANDRAIL(TO BEREAIOVEB JII1 I F, ��• EX.STONE STAIRCASE..(TO BE REMOVED) EX.TREES,TYP. 7. X , / \ PROPERTY LINE I 1 i5 f y t "Or",,,!/' / �/ �e YO" Cedar , 14" Spruce \ 1 / 16"" .' �''�'' _,-..,-\ 1 / EX P , .tr/ lIvIAPLETREE TO REMAIN ;;1/,'//��. j �� i ver ogle �1 _ o. -T ' � er'r%�r��/��`�.� _\-1 1 -- ..... _ .-: - ' _ ---- - , Z. 9,,e414441,4,/,,A 17#1.-/r / ("el if,c If:,/,,,,r1;_ .,, ,.. '' /. 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REMOVE DOCK SECTION AS NECESSARY. . 5656 �;�;' EX.GARAGE EX.TREES,TYP., / ‘ —_ 1 / / / , , / �i/ . 7 m 8 6 32 EXISTING SINGLE-FAMILY HOUSE scar 1/8-=1 O i, , N ' 1 1 // • ,// \ / / INN„ \ ( / --- ��\k/'� -,t,-„,$'/ 1. ` ,•\ • — . ` i,sav. i ti ►. from OHW / �1` EX.TREES,TYP. \ 1 �� ` •' l P = t"' - / 1 ,� ---- .�� - �' 'I."' �� y__ N — --- 0 ��/_ '� V / I � V (%Ili it k,, `-/• _ _ A� roe. -ter. i \ i 4, �1 i� / _ - --- � G Lc 20 Aa ♦fit 1if�yb _ -. ,• ..- _ _ ' _1A* 41 a.....- I., I.,-EXVEn' ON,1YP t / ! -'• �, i /0- —`.- r \. ;r'%' i/ . / Saw ' \ ' —' ' =I 2.5355-F of sp.dlied Minnow.Native Landscaper . ��_� G2 PF35.ed mix and plop(et Wrn.of oop hs I, ♦ �_ per 2et)veth ap.afiad nasion co,nrobm...mnr .A1 duet 2.5 for S.+ut=•tion _-- 5I 5.F of.poeihad Mailman(Native la,deopa S G2 k F2 Ned au.end'plu5.( the rate of one phy IMS' • .4M= '•``En111— ,! . 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 September 10, 2007, 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 12th day of September , 2007. G City lerk (seal)` 7 .h. yy 4