HomeMy WebLinkAbout#07-3260 Recorded Resolution 5580111111111111111 ii11i I II
Doc No 4390525 05/25/2007 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
61
TranslD 315918 Deputy 47
New cert Cert
1109831
Fees
$1.50 AF
$10.50 STATEFEE
$34.00 TDOCFEE
$0.00 TSUR
$46.00 Total
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1405 SUBDIVISION 7
FILE NO. 07-3260
I l O
CITYofORO 0
RESOLUTION OF THE CITY COUNCIL
NO. 5 5 8 0
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTION 78-1405 SUBDIVISION 7
FILE NO. 07-3260
WHEREAS, Roger D. O'Shaughnessy, a single person (hereinafter "the
applicant") is the owner of the property located at 1265 Bracketts Point Road within the City of
Orono (hereinafter the "City") and legally described as follows:
Attached as Exhibit A, Hennepin County, Minnesota (hereinafter the "property");
and
WHEREAS, the applicant has made application to the City of Orono for an after-
the-fact variance to Orono Municipal Zoning Code Section 78-1405 (7) to allow construction of
a fence 60" in height where 42" maximum height is permitted.
NOW, THEREFORE BE IT RESOLVED by the City Council of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File 07-3260.
2. The property is located in the LR -lA Lakeshore Residential Zoning District
which requires a minimum lot area of2.0 acres and a minimum lot width of200'.
3. The Planning Commission reviewed this application at a public hearing held on
January 16, 2007 and recommended approval of the fence height variance based
on the following findings:
a. The applicant's prope1iy is a corner lakeshorc lot abutting County Road 15 as
well as Bracketts Point Road. The code language regarding fences along·
roadways for corner lakeshore lots abutting a major thoroughfare and a local
street is ambiguous.
b. The wrought iron fence is not out of character with the neighborhood.
Page 1 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
5 5 8 0 NO. _______ _
c. The fence helps to address the security issues the applicant has identified.
d. The height variance request is reasonable considering all of the above
findings.
4. The City Council has considered this application including the following 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 c01mnunity:
a. The wrought iron fence is 60" as opposed to 72" which is the maximum
height fence allowed in any distlict. The applicant has not constructed the
highest fence possible.
b. The fence is dark in color with decreases its visibility within its surroundings.
c. The design of the fence is such that it has a very low level of opaqueness, thus
the visual impact of the fence is minimal. Further when mature, the
vegetation surrounding the fence should offer maximum screening.
5. 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 distlict; 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 applicant, but is necessary to alleviate a dem<:mstrable hardship.
or difficulty; is necessary to preserve a substantial property light 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 one or more of the above findings, the Orono City Council hereby grants a
variance to Orono Municipal Zoning Code Section 78-1405 Subdivision 7 to allow a 60"
wrought iron fence where a fence 42" maximum height is permitted, subject to the following
conditions:
1. Council approval is based on the site plan submitted by the applicant and annotated by
City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan
Page 2 of 4
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO . 5 5 8 0
which are not in conformity with City codes will require further Planning Commission
and City Council review.
2. Authorities granted by this resolution nm with the property not with the applicant, but are
permissive only and must be exercised by obtaining a building pe1mit for the new
construction within one year of the date of Council approval, or the ·variance will expire
on that date (February 26, 2008).
3. 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.
4. The undersigned applicant has read, understands and hereby agrees to the terms of this
resolution and on behalf of the applicant and the applicant's 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 the 26 th day of February, 2007 .
ATTEST:
~v f t¼_,, indaS.V e( City Clerk
7r/.
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 5 8 0
The foregoing instrument was acknowledged before me on this )~ day of Afru.ft1't ,
2007 by James M. White, Mayor of the City of Orono, a Minnesota municipal corporation ,nd
said instrument was executed on behalf of the City .
ST ATE OF MINNESOTA
COUNTY OF HENNEPIN
Notary Public
The foregoing instrument was acknowledged before me on this /3 t';;ay of (Y1(}_1 ,c.!;
2007 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 DODG E
NOT ARY PUBL IC-MIN NESOTA
My Co mmi ssio n Ex pires Jan. 31, 2010 1
STATE OF MINNESOTA
COUNTY OF HENNEPIN
~tary ~ Dbolr=
This instrument was acknowledged before me this I I() day of Aprt L , 2007 by
Roger D. O'Shaughnessy, a single person.
Page 4 of 4
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. 8<H I ~lT A · 5 .58~
LEGAL 'DESCRIPTION OF PREMISES ( f r om C i t y o f Or on o r e co r d s )
A t r o ct o f I on d comp r i s e d o· f par t o f Lo t 1 0 and par t o f t h e
a cc re t i on s o f Lot s 9 a n.d ·1 0 a I I i n Re a r rang eme n t of Orono
Point, which land is particularly described as beginning at ·
a po i n t on . t .h e No r t h I i n e o f Gov e r nme n t Lo t 3 , Se c t i on 1 1 ,
Township 117, Range 23, distant 431.8 feet East of the West
Quarter corner of said Section 11; thence East along said
North I ine to its intersection with the extension of the
westerly I ine of Lot 3 in Rearrangement · of Orono Point;
th.en~e southeasterly along the extension of the westerly
I ine of said Lot 3 to on intersect ion with a I ine drown ·
para I lei to and 20 feet westerly, measured at. right angles,
f r CXl1 t h e we s t. e r I y I i n e o f Lot 1 i n Re a r r an g eme n t o f Or on o
Po'int; thence southwesterly along said parallel line and
i t s e x t e n s i o n t o o n i n t e r s e c t i on · w i t h o I i n e d r awn p a r o I I e I
t o a n 2 0 f e e t we s t e r I y , me a ~ u r e d · .a t r i g h t a n g I e s , f r CX11 t h e
extension of the westerly I ine of Lot J, in Rearrangement
of Orono Point; thence southeasterly along said lost described
para I lel I ine to a point thereon 583.95 feet northwesterly
from the northwesterly corner of Lot 5 in Rearrangement of
Orono Point, as measured along said porol lel I ine and its
extension; thence southerly and southwesterly along o tangential
curve to the right with a radius of 221.17 feet, a distance of
169.38 feet; thence southwesterly along a I ine tangent to said
iast described curve a distance of 5 teet ; thence southwesterly
along a tangentia1 curve to the right with o radius of 445.72
feet o distance of 119.25 feet; thence southwesterly along a
line tangent to _said last desc_ribed curve a distance of 107 .3
feet;.thence westerly, deflecting to the right 44 degrees 42
m i n u ·1: es , · a d i s t an c e o f 7 9 . 3 f e e t , mo r e o r I e s s , t o t h e s h o r e o f
Lake Minnetonka; thence northerly along said shore to its
intersection with ·a ·I ine drawn south, para I lei to the extension
of the West line of sai _d Section 11 from the point of beginning;
thence north along said last · described parallel line to the point
of beginning, according to the recorded plat thereof.
The· b o u n d a r i e s o f w h i ch a r e ma r k e d by J u d i c i a I Lan dmo r k s s e t
purusant to Torrns Case No. 13819, as shown by the plot of survey
on f i I e i n t he O f f i c e o f t h e· Reg i s t r a r o f T i t I e s .a s Doc . No . 5 6 O 9 8 2 .
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92.i.4-CQfl1l.l\ Lt£····--.....•.
LAKE MINNETONKA
SMITH BAY.
LEGAL 0ESc.8!PTIOH Of' PP.OUSES : {from CHy or OtMo record:!)
A tr::::l of l:irld co.-np:iud or p:d t.cf L;;l 10 c:vf pal ol the
ucetctOOS of lob 9 md 10 al in Re01T~t'lt of Orono
=~~inl~ 1:'t;~~~io~;~~~f ~l ~~s'!oo~111,
Township 117, R~• 23. dislon.l --431.S feel Eosl or lhe Wnl
OvQfler canrr of soid Stet.ion 11: lhenct Cost doog said
Norlh me lo ils &'llcuec:lfon with lhe e•lensioo or lhe
r:~~\~eO:,t~~t 301 h R.~,~~~ ~~ ~~c~~
• lifl.4! dn:..,n
coo
Its ulens,on o drown poro!cl
~~l~~o ofti~ ·::!t~~;. ~l~?torlt:1 R';l,n· ~:1 lhe
of Otano Polnl; lh!Ulet sovlhemletly dong scld 1'::f. dcsCTibed
jltrolel lina to o point lheru,n 583.95 feel norlk•ulerly
from lhe l'IOl'lhttesltrly C()(/\Cr or Lot 5 in Reorrooqemenl o!
~=~it,c:c"'::U~!1r ~, s5o~i'ti~:r;~ &\Jinto 1\~enli<i
an-vc lo lhe right with P radius or 221.17 feel, o d.slcncc of
169,38 reel: thence soulhwulerly dong a Fine longll:l\l to iotd
losl de:s:cri\ad CUfve a &slGVte:c or 5 rut; thence soulh..,u:lttly
clong o l,:ngent.loJ cu-vc to lt\e r~ wllh a rodlvs of 4-45,72
t;:ll~di~llto" s°JcJ 1~:?7!e~~1:-i~cd cu-~t:1~;l~~lyo~.~
:Z:1:~.cr;:~le;~:r~f dj~Jd~t~0mo°::! ~~:u~~ t~elhceu~• of
Lat.c ISMtlC(V(oi lh<nc:c northc.rlj olo.'\9 said shore lo Tb
inlcncclioo 1tflh o foe drCJl'fn south, po,olkf ta the cilCl'ISiM
f~e!~ ~~~ ~~( s.!td i!ic~~cr~eJ'';!:!f t~in!o orru:M:~
cf be~rvi.r\q. occ:ord1ng lo lht recac-dcd pfal thereof,
The ba1r.1doriu ol wt-Jch urc morlo:ed by Jvd:daf ~ks ::set
pars.uanl to Torrens Con No. 13619, os :.hottn by lh.t plol of Ull'VC)'
an Re In the Olfic:e ol the: Regi:drar of Tilk::t a:t Dae. tki. 5609B2,
det10les iron modcer
(!Oll.3): d:,nolu Wsling spot ~evolton. meon sea level dolurn
f!iil] : dcoo\u ptopr;,scd spot ele11oti0f1, mean :.cc lcv.t dolun
--910--: dcl\lllcs nisling conlcx.r me, mean seo le11d doturn
~: denote, propo,c.d c:on"tou--rne, mcQfl ■co h1vd dolU'fl.
BcorWlgs sho'Jlf'I ore hosed ,apon <Y1 assumed dol\l'l\.
TRs ,urvcy shows the bourn:lories o( the rtio11c described properly,
ood lhe proposed locolion of o propo-,ed house lhc:.re101'\. II does r.ol
putport to show cny olhu jmpl-ovam!nts Of enc:roochrnenl.$.
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PROJECT GRONBERG AND
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 February ___lQ___, 2007, with the original thereof
on file in my office, and the same is a con-ect transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
City this 12th day of March , 2007.
City Clerk