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HomeMy WebLinkAboutResolution 1468 , •� � � , ; • d � - C�t� o� ORONO '���"'} RESOLUTION OF THE CITY COUNCIL N�.,�„ t��'{^ NO. 1468 , �'� i�4 � `��'�"�' GRANTING A VARIANCE TO MUNICIPAL • • • � ZONING CODE SECTIONS 31.433 AND 34.842 � �. .:.- '_.'�>°• FILE 720 - Whereas, Douglas deMalignon is the owner (hereafter "owner") of property legally described as Lot 1 , Block l , Johnston' s French Lake (herea£ter "the property") , located within the City of Orono (hereafter "City") ; and Whereas , the owner has applied to the City for a variance to Municipal Zoning Code Sections 31 .433 and 34 .842 to allow a 6 feet high garden trellis instead of at the allowed 3 . 5 feet height per Section 31 .433 to remain in his front yard 3 feet from the front property line (street right of way) instead of 5�J feet as required by Section 34.842. In addition, the owner has app].ied to the City for a variance to the same sections noted above to allow con'struction of a 6 feet high stockade fence to be placed between. the existing garden trellis and the front property line (street right of way) . , • Now Therefore Be It Resolved by the City Council of Orono, Minnesota : Findings 1 . This applica�ion was reviewed as zoning File No. 720 . 2. The property is located in the RR-1B Rural Residential Zoning District. 3., The owner installed the garden trellis in the spring of 1982 without a building permit or first seeking information from the City to see if such a structure is permitted in a front yard . 4. A trellis structure requires permits and is subject to all required setbacks but vines and plantings that grow thereon in summer months are permitted by ordinance where located provided they do not block vehicular sight lines at intersections. 5. The owner has planted several varieties of shrubs and vines that are dependent on the trellis. 6. The trellis structure is less than 5�� opaque except for the summer months when it is covered with vines. • 7. The trellis installed in 6 feet by 4 feet se,ctions, is not anchored underground and can be easily moved if necessary. , �, • l Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL �.�;�� � NO. 1468 � .;��r� ,_ ;: �'r:a',+s�N:� . � � � � � � .:'.R'� �.i-i7 . � 8. The private road that serves the property has a 50 feet right of way width and for a distance of approximately 20 feet, the paved road has been placed 6 feet from the front property line which location increases the need to maintain adequate setbacks for structures and clearance of drainaqe and utility easement. 9 . The owner proposes installing a stockade fence ti feet in height between the existing trellis and the front property line (street right of way) . , 1P1 . The stockade fence is 1�J0l� opaque and would be located within � feet to 2.5 feet of the front property line (street right of way) . � 11. The owner has stated that th� purpose of the stockade fence is to provide privacy in the front yard from traffic along the private road . • 12. The stockade fence wo.uld b.e placed within 50 feet of the east access and extend westward of the existing , detached garage. 13 . The stockade fence would be ,a permanent structure requiring an underground anchor sy'stem for support. 14. A five feet wide drainage �nd utility easement, dedicated .in the plat of Johnston' s French Lake, exists along the entire front . property line of the property within which exists the trellis and is proposed to be located the fence . 15. At the time the trellis was discovered by the City staff , the owner had placed fill in the drainage ditch that runs paralled to the - trellis. The flow of drainage was inhibited . Staff directed the owner to restore the drainage ditch to its original state. This was completed in the fall of 1982. 1ti. The City Engineer , in a report dated 1-13-83 , advised that any structures of the proposed height so close to the travelled road � ' will limit the snow storage area along the roadway and that fence is worse than trellis because of its permanency. 17. In that same report , the City Engineer stated the following : "We would not recommend that this type of fence be placed so close • to the driveway surface" . 18 . It would be a hardship for the applicant to replant or remove the many plantings dependent on the trellis. , . ,y ' � •� �a Cit� o� ORONO • d . - � RESOLUTION OF THE CITY COUNCIL .T NO. 1468 • • � � •', ;:�' , 19. The garden trellis will not create traffic hazards, sight problems, road maintnenace problems or drainage problems if the structure is maintained at a 6 feet or less height and placed outside of the five feet wide drainage and utility easement. 2Q. A permanent stockade fence placed within 0' -2. 5 feet of the front property line would create severe road maintenance problems. 21. . A permanent stockade fence placed within 0' -2. 5 feet of the front property line would create a potential hazard to the public health , safety and welfare. 22. The owner has notdemonstrated sufficienthardshipsexcept toask that a permanent structure in complete violation of the City' s codes and the intent of its rural ordinances be constructed for the sole purpose of the owner ' s privacy. . 23. The property is located on a private road that serves 7 lots. � There are 4 lots 'between the property and the cul de sac. An extensive wetlands area is located to the immediate west of the � property; there is no chance that this private road would ever be used as a major , public through road requiring extrordinary fencing or other pressures for privacy. • 2�. Natural , planted screening would providethesametypeof privacy sought by the owner and be more in keeping with the total landscape plan setforth by the owner at the. Planning Commission meeting on January 17, 1983. 25. .The City Council has considered this application including the findingsandrecommendationsof thePlanninq Commission, reports by City staff , comments by the owner and other interested persons and the effect of the proposed variance on the health, safety and welfare of the community. 2G. The City Council finds that granting variances for a permanent structure such as a six feet high stockade fence located 0' -2. 5 feet from the front property line would adversely effect traffic conditions and road maintenance, and other dangers to neighboring properties and would bein completeconflictwiththe spirit and intent of the zoning code and comprehensive plan of the _ City and set an adverse precedent. • 27 . The City Council finds that granting the variance for the existing garden trellis as amended would not adversely effect traffic conditions , light, air nor pose a fire hazard or other • , , . , � : ��. � Clt� o� ORONO • � : ��� RESOLUTION OF THE CITY COUNCIL ' �� '� NO. 1468' t '� n'r��.: C. • • • � danger to neighboring property; would not merely serve as a � convenience to the owner , but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantive 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 variances to Zoning Ordinance Sections 31 . 433 and 34.842 to permit the existing garden trellis to remain at a location no closer than five feet from the £ront (street) property line instead of the required 50 feet at a height of r�ot more thari '6 feet instead of the allowed 3.5 feet; and further the Council hereby denies variances to the same sections for a proposed 6 feet high stockade fence located within the 5�1 feet front yard of the property subject to the following • conditions. - 1. Sections of the� trellis located closer than 5 feet from the front (street)° property line must be relocated to be 5 feet or further from the property line. The trellis may be extended westward to the existing , detached garage; the extended trellis structure must meet the required five feet setback from the front (street) property line and maintain a 6 feet or less height. � 2. The west driveway access must be closed to all vehicular use by April 15, 1983, unless all portions of the trellis are removed from the front yard of the property. � 3. The City reserves� to itself the right to amend or revoke the variances granted above if road or propertychangesoccur and/or the structure approved herein is found upon review to be causing . traffic hazards , drainange and/or maintenance problems. 4. No other variances are granted or permitted for this trellis structure or for any other similar structure on this property. 5. Violation of or non-compliance with any of the terms and � conditions of this variance shall constitute a violation of the zoning code, shaltautomatically terminateanyauthority granted herein, and shall be punishable as a misdemeanor . � 6. The undersigned owner 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. • ' , ,F a 4 . �������w.t i� C�t � o� ORONO � d- ;��{ � :4�x -"`���,t=�. RESOLUTION OF THE CITY COUNCIL _„ . NO. 1468 • ��. • ' � • � �� Adopted by the Orono City Council on this 28th day of March, 19�3 . ATTEST: ` � -��,�����. ����.� C� . Alberta M. Strom, City Clerk Mary C. ler, Mayor r Douglas eMalignon � STATE OF MINNESOTA ) • , COUNTY OF HENNEPIN ) On this � day of � , 1983 , before me,� a Notary Public withi and for sa d Co �ty, personally appeared � �� � known to me to be the person (s) described in an who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . ' U-��D�. � � ���� ��"'�w` OTARY PU LIC �`� JOHN R. GERHARDSON NOTARY PUBLIC•MINNESOTA �HEN EPIN�COMUN�» q `U �����/ ' MY COMMISSION EXPIRES This document is being recorded for the benefit of the City of Orono per Minnesota Statute' 386.77 State deed tax due hereon: Exempt • This instrument was drafted by: . City of Orono P.O. Box 66 , Crystal Bay, MN 55323.