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HomeMy WebLinkAboutResolution 3978 0 '7033000 O O b CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �9kESH0g� NO. 3979 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE TRANSFER ENTERED SECTION 10.55, SUBDIVISION 8, AND HEMEMN COUNTY TAXPAYEA WRVICEs SECTION 10.56, SUBDIVISION 16(C)(5), AND �1,1''�l�s'i Jflk C Ai i R€2*'r3 L FOR t i FENCE WITHPi JAN iyn WEST FERNDALE ROAD PER MUNICIPAL CODE SECTION 6.07, SUBDIVISION 1 NFILE #2295 BY UT WHEREAS, Conley Brooks, Jr. (hereinafter "the applicant") is owner of the property located at 980 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and Gam- �l-7 - ��- WHEREAS, the applicant has applied to the City for variances to Municipal Zoning Code Sections 10.03, Subdivision 15 (C), 10.55, Subdivision 8, and 10.56, Subdivision 16 (C, 5) to permit the construction of a'6' high fence within or adjacent to a front or street yard where only a 3 1/2' high fence is normally allowed, and to construct such fence within 75' of the lakeshore where no fences are normally allowed; and requests permission for construction of such fence within the right-of-way of West Ferndale Road per Municipal Code Section 6.07, Subdivision 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2295. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. Page 1 of-6 O O a - CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL �9kESHOg� NO. 93978 3. The Orono Planning Commission reviewed this application on September 15, 1997, and recommended conditional approval of the proposed variances based upon the following findings: A. The proposed fence within the road right-of-way is adjacent to applicant's lakeshore parcel referred to in the submitted documents as "Parcel F. Parcel F is a lakeshore strip which is very narrow, so there is relatively little useable land. Location of the fence close to the road will permit more of the parcel to be enjoyed by the property owner. B. Applicant has experienced an ongoing problem with fisherman and other people parking along West Ferndale Road in order to access the lake across the private property of others. No parking signs have not been effective. Location of the fence within the road right-of-way and near the traveled portion of the road would tend to discourage parking trespass. C. Parcel F is low lying and is extremely exposed visually to West Ferndale Road, compromising the privacy of anyone using Parcel F for whatever purpose. A 6' fence would enhance this privacy and discourage trespassing. D. Although applicant proposed such fence at a distance 6' to 9' from the paved edge of traveled West Ferndale Road, Planning Commission finds that such a fence within the right-of-way is only appropriate at a location at least 10' from the paved traveled roadway, and finds that a minimum of 10' is required in order to allow for a safe shoulder as well as snow storage and other public purposes. 4. The City Council finds that a fence located within the right-of-way is acceptable only at a setback from the paved road of at least 12', and only if such fence is no higher than the standard 3-1/2 feet for fences located in a street yard. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments Page 2 of 6 0 0 b - CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kESH0�� NO. eS 9 7 8 by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 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 variance to Municipal Zoning Code Sections 10.55, Subdivision 8 and 10.56, Subdivision 16 (C)(5) to allow the replacement of an existing fence within the right-of-way of West Ferndale Road within 75' of the lakeshore where no fences are normally allowed; and grants permission per Section 6.07, Subdivision 1 for placement of such fence within the public right-of-way, and specifically denies a variance to Section 10.03 Subd. 15(C) for fence height, subject to the following conditions: 1. No portion of the fence shall exceed 3-1/2' in height above pre-existing grade. 2. All portions of the fence shall be located at least 12' from the existing pavement of West Ferndale Road. 3. Applicant shall execute a hold harmless agreement, relieving the City from any responsibility for damage to or maintenance of said fence located in the City right-of-way. 4. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 13, 1998). Page 3 of 6 % 0 - 0 O D CITY of ORONO G� RESOLUTION OF THE CITY COUNCIL ��kESH0 NO. 3978 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.. und.rstood 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. 7. This approval shall not take effect until such time that Parcel F has been legally combined with applicant's homestead property at 980 West Ferndale Road, or at such time that a special lot combination agreement has been executed; both noted actions relying on applicant's providing sufficient information (subject to City Attorney approval) that the applicant is the legal owner of the property. .Adopted by the Orono City Council on this 13th day of October, 1997. -- A `T ST: ,r- Horthy A in, City Clerk Gahrie Jabbour, Mayor - -- Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 13th day of October, 1997, by Gabriel Jabbour & 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. d111r�L IR NoPublic as :My Canon 31,2000 Page 4 of 6 ' V O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH04� NO. 3978 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this(_ day of DI-0 tr Le , 199? before me a Notary Public within —and for said county, personally appeared � v roe k�� Tr. , m a P ri - 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.HARMAN .10 c� � NOTARY PUBLIC-MINNESOTA 0 / HEWNEPINCOUNTY •..•• My Commission Expires Jan.31,2no NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this V", -day of De um_k_e,+ , Zek4 7 before me a Notary Public within � and for said county, personally appeared ,, '7-s. �Zp 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. JAMIE L 6EW NOTARY PUBLIC-MINNESOTA e"J' d4';�L 42f L22!=� • HENNEPIN COUNTY NARY PUBLIC •'•-•• My Commission Expires Jan.31,2000 Page 5 of 6 EXHIBIT A RESOLUTION NO. 3978 aa. L-sescript on i.11 a, Club Estates, fienc�epin Counly. W,r.:.esota, according to the plat thereof on file ar of record in the office oo egIS r. r oT Titles in and for said Country, except that part of said tot described as follows: Co►nmenciW at the most Southerly comer of said Lot 24;thence Northwesterly along the Southwesterljlne of said Lot a distance of 26.6 feet;thence Northeasterly deflecting to;the right.at an angle of' 89 degrees and 18 minutes to the north line of said Lot 24;thence East along the Nerth.l& of said Lot to the most Northerly comer of Lot 23 in said Country Club Estates, Hennepin County, Minnesota; thence Southwesterty along the line between said Lots 23 and 24 to the point-of beginning, which lies Southerly of a tine drawn-frorn a pant on the West line of said Lot instant 205 feat,5auth of the Northwest comer of said lot, through a point on the Southeasterly titre of �.�•;c:i_et distant 300 feet Southwesterly of the NorEheasterly comer of said tot. Torrens Property) Also C. Lot 4, North Shore Cottage Acres, Lake Minnetonka, except than part.,described as fott*s' Commencing at the Northeast comer of said lot 4; thence South along the East line ttteraof 487 jW;. t*nce Westerly at an angle of 88 degrees 3Q minutes to theright, to a Po the Wes!♦erl�r ane of.said Lot 4; the►,ce Northerly along the Westerly fine of said Lot4. the most Easterly comer of Lot 5 of said Addit m, thence Northwesterty along s*kl.Weag' of_said Lot 4 to the most Westerly corner of said Lot 4; thence Northeasterly,along:the'Nerthweste`rty tine©f said Lot 4 to the most Northerly corner of said Lot 4; thence Southeasterly along the Northerly fine of said Lot 4 to point of beginning. F. :also Lot 12 North Shore Cottage Acres, except the East 20 feet thereof. y. A.so thatpart of Lot 5, North Snore Cottage Acres described as follows: 8egkwftpt=Jhe Swtheast comer of said Lot 5,thence along the South tine of said Lot in a KoA ;_ direction,to a point-90 feet from said place of beginning; thence in a Northerly dptron a straight fine to a point-on said East Lot line, St.1 feet North.of the Southeast comer of said Lot; thence South along the East tirte of said Lot to the place.of beginning. RESOLUTION # 3978 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) rTly nF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a 1�m?etinand othatsthe same is aid City otruel and correct held on October 13 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this 14 day of October , 19 97 oro y M. a , City Clerk s C} 4r rr•, 7033000 REC FEE COPY FEE HEr � iLvU itt 9Ji'�,A -5 PH 12: 32 -,-,..i.-7033000 A.CT'G.CO.F-.EC. !1T Y