HomeMy WebLinkAboutResolution 3587 S, _ � a � " . � �.
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b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
��`�kESH�g'�G . NO. � � � �
A RESOLUTION GRANTING �
VARIANCES T4
MiJNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C) AND
SECTION 10.24, SUBDIVISION 5 (B)
. � FII.E #2032
WI�REAS, Michael B. Gerlicher and Lynne K. Gerlicher (hereinafter "the
applicants ) are owners of the property located at 1375 Rest Point Road within the City of
��
Orono (hereinafter "City") and legally described as follows:
All of Lots 15, 22 and 23, and all that part of Lots 16, 17, and 2I which lie South of a
line drawn from the Southwest comer of said Lot 21 to a point in the East line of said
• Lot 16, and which point is situate 1 foot South from the Northeast comer of said Lot 16,
together with any vacated alley which lies between the lots herein described, all being
� in the Subdivision of Lot 14, Rest Point Park, Lake Minnetonka, Hennepin County,
Minnesota, EXCEPT the following-described properry: Lot 23 and all that part of Lots
15 and 22 and adjacent vacated alley, Subdivision of Lot 14, Rest Point Park, Lake
� Minnetonka, Hennepin County, Minn�sota, lying Southerly of the following-described
line: Beginning at a point on the Southeasterly line of said Lot 15 distant 75 feet .
Northeasterly from the Southeasterly comer of said Lot 23; thence Northwesterly to the
Southeasterly corner of said Lot 22; thence Northwesterly on a line fornung an angle of
74�55' with the Easterly line of said Lot 22, to the shore of Lake Minnetonka, and there
ending (hereinafter "tbe properry"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivision 15 (C) and Section 10.24, Subdivision 5 (B) to permit
construction of a 6 1/2' privacy fence to be located at the side and street lot line in the rear yard
of a lakeshore lot that does nct abut a major thoroughfare where only a 3 1/2' height fence is
allowed and tne fence will be ��cated 0' from the lot lines where a 30' setback is required.
NOW, THEREFORE, BE I'T RESOLVED by the City Council of Orono,
Minnesota:
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�b. - CITY of ORONO
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�� ��'�' RESOWTION Oe�F T�HE��Y COUNCIL
�kESH04 NO.
FINDINGS
1. This application was reviewed as Zoning File #2032.
2. The property is located in the LR-1B, Lakeshore Residential Zoning District
requiring 1 acre in area. The property consists of 30,634 s.f. or .7 acres.
3. The Orono Planning Commission reviewed this application on July 17, 1995, and
recommended approval of the variances as proposed based upon the following
unique findings and hardships:
A. Original privacy fencing had existed on property for over 18 years.
B. Applicants' desire for privacy fence due to location of the residence to
roadway at south and public alley to the east.
• r, Slo in topography adjacent to Rest Point Road places both road and
P g
house at the same elevation.
D. Need to.*ninunize impact of car lights, etc. from nearby driveways and
public roadway.
E. Majority of homeowners within the area support privacy fencing and its
proposed height and location and have submitted a written petition
notifying City of this approval.
4. 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 variance would not adversely affect traffic conditions, light, air nor
pose a fire hazard or other danger to neighboring properry; would not merely
serve as a convenience to the applicants, but is necessary to alleviate a
demonstrable hardship or di�culty; is necessary to preserve a substantial property
right of the applicants; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
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b_ � CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
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�k'ESHOg' NO. `� � � `�
5. The City Council has considered this application including the fmdings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the praposed variance on the health, safety and
welfare of the community.
� CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to Municipal Zoning Code Sections noted above to permit the installation of a
6 1/2' high privacy fence to be installed at side and street lot lines located within the rear yard.
Approval is subject to the following conditions:
1. Applicant to obtain a building permit for the installation of the 6 1/2' high
privacy fence within the street yard of the property. Inspection staff to review
• the sight lines at the entrance of the drive at Rest Point Road to determine a need
to trim back on existing dense vegetation for the purpose of improving sight lines
� � at the infersection.
2. Authorities granted by this variance run with the property not with the applicants,
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 (August 14, 1996).
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 applicants have read, understood and hereby agree to the terms
of this resolution and on behalf of themselves, their heirs, successors and assigns,
hereb� agree to the recording of this resolution in the chain of title of the
property. '
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b. - CITY of ORONO
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'�' RESOLUTION OF THE CITY COUNCIL
��`q.l�'E Hp4�'�'G NO. �� � � `�
S
Adopted by the Orono City Council on this 14th day of August, 1995.
ATT ST:
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�
. or thy M. a m, City Clerk ward J. Call , Jr., Mayor
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j o rty er(s)
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STATE OF MINNESOTA )
) ss.
COUNTY O� HENNEPIN )
The foregoing instrument was acknowledged before me on this 14th day of
August, 1995, by Edward J. Callahan, Jr. & 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. ,
Q�x-ckJ 4l
�:°. . JAMIE L.BOSMA No ry blic '
`` � NOTAHY PUBLIC-MINNESOTA
',-� :- : HENNEPIN COUNTY
�-•��•° My Commission Fxpires Jan.31,2000
t.•.e� .
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�b - CITY of 4RON0
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'�' RESOLUTION OF THE CITY COUNCIL
��`9.kE p4��� NO. � �� � �
sx
STATE OF MINNESOTA ) '
) ss.
COUNTY OF HENNEPIN )
On this �q`� day of , 199 6 . ,before me a Notary Public
within and for said County,personal y appeared�i��;���. Q� �j ,�,e,,�,i.e��_
lc�zown to me to be the person(s) described in and who executed the foreg mo g mstrument, and
acknowledged that he (they) executed the same as his (their) free act and deed.
.�.`;.•• JAMIEL.BOSMA C��c.e1lJ f���L�-�--
` • NOTARY PUBLIC-MINNESOTA N a P11U11C
� " •' � NENNEPINCOUNTY
�`�•��'°� My Commission Expires Jan.31,2000
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this 1 � day of � ,� , 199 (o ,before me a Notary Public
within and for said County,personally a eared
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.
��� .
No Public
...:�.;,, JAMIE L.BOSMA
��"'� • NOTARY PUBLIC-MINNESOTA
� " � HENh'EPIN COUNTY
•��MM��•' My Commission Expires Jan.31,2000
�
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