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Home My WebLink AboutResolution 3464 6348245 O CITY of ORONO _ RESOLUTION OF THE CITY COUNCIL NO. 3 4 64 ESH A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FILE NO. 1954 WHEREAS, Lawrence D. Elsen (hereinafter "the applicant") is the owner of the property located at 2879 Casco Point Road within the City of Orono and legally described as follows: refer to Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for an after-the-fact variance to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit a 6' privacy fence located within 5' of the shoreline of Lake Minnetonka where a 75' setback is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1954. 2. The property is located in the LR-1C Lakeshore Residential Zoning District requiring one-half acre or 21,780 s.f. in area. The property consists of 23,942 s.f. or .54 acres. 3. The Orono Planning Commission reviewed this application on August 15, 1994 and recommended approval of the variance application as amended, based upon the following findings: A. The privacy fence has existed in the north side lot line adjacent to the public swimming beach for over 20 years, prior to the City's adoption of shoreland standards for development. B. The former privacy fence was in a serious state of disrepair and possible collapse. ?die 7FYfifV(ER ��'1VV17 Page 1 of 4 OCT 4 1994 HE P BY F=5005 Disk a m J O CITY of ORONO e RESOLUTION OF THE CITY COUNCIL NO. 8464 Y ��9x Og�G ESH C. The fence has provided a barrier at the public access beach and keeps the public and their pets out of applicant's lakeshore yard. D. The impact of the fence is minimized in the summertime with the coverage of a grapevine and other adjacent plantings. E. The applicant has assumed the responsibility for maintenance and upkeep of the beach area and grassed lawn. 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 variances 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit a privacy fence installed in applicant's north side yard adjacent to the public swimming beach granting a setback variance of 70' or 93%. Approval is subject to the following conditions: 1. Applicant shall apply for a penalty building permit for construction of privacy fence. Applicant must apply for a building permit by September 22, 1994. 2. A portion of the privacy fencing installed parallel to shoreline of lake must be removed prior to applicant's filing of application for penalty building permit. Page 2 of 4 F"5005 Disk Drano O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL 43464 ESTI 3. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit by September 22, 1994 or this variance will expire on that date. 4. 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. 5. The undersigned applicant 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. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the 12th day of September, 1994. AT, T: rothy M. 1(gin, City Clerk Edward J. Calla n, Jr., ayor A lica t(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 12th day of September, 1994 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY NO ry Public My commission expires 8-12-96 CA, Page 3 of 4 Fmm 5005 Disk Draw O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL No. 0464 So4�G EIH STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this A 1 5 t day of _Selo 1;6-4-n b-er- 199 �f , before me a Notary Public within and for said County, personally appeared A a W re:1C E. 0, C Ise n._i 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. LINDA S. VF:F_ NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Nota Public _p My commission expires 8-12-96 ry STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this � I sI day of 199 L , before me a Notary Public within and for said County,personally appeared j4i�1&4A o 'n e_ E. �1 Sen , m ar r 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. LINDA S. VEE NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY Notary Public = My commission expires 8-12-98 Page 4 of 4 Form 5005 Disk Orono O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL a NO. 3464 E8H EXHIBIT A Legal Description That part of Lot 110, Spring Park, lying Northwesterly of the Southeasterly 90 feet thereof, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Also, Lot 101 , and the Northwesterly 1/2 of Lot: 100, includ- ing all land lying between the Northeast line of Lake Shore Avenue and Lake Minnetonka and bounded on the Southeast by the Southeast line of said Northwesterly 1/2 of Lot 100, extended to Lake Minnetonka and bounded on the Northwest by the Southeast line of Carman Avenue, and including the vacated portion of Lake Shore Avenue lying adjacent to prem- ises, all in Spring Park , according to the recorded plat thereof, and situate in Hennepin County, Minnesota. F"5005 Disk aom RESOLUTION # 3464 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF 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 meeting of said City Council held on September 12 , 1994 , and that the same is a true and correct 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 14th , day of September 14 19 94 K orothy M. a in, City Clerk 6348245 40i=T?413: 1'1 06348 245 SCD $4.50 40CT 9413: 1 2 D6348245 DOC $16.00 Cj - + :ANGER MiNNESCTA Ei•'_tG PND CR n i)CN 1994 OCT -4 FM 1= 10 ,t e,L`"�A 1348245 CO.RECORDER u� r A 41�