HomeMy WebLinkAboutResolution 5656I
T ORONO
RESOLUTION OF THE CITY COUNCIL
NO., 5 6 5'6:-
A RESOLUTION GRANTING VARIANCES
TO MUNICIPAL ZONING CODE
SECTIONS 78-1282 AND 78-1288
FILE NO. 06-3243
WHEREAS, Richard Marzan, a single person, (hereinafter "Owner") is the
owner of the property located at 2795 Pheasant Road within the City of Orono (hereinafter
"City") and legally described as: Lot 11, Pheasant Lawn Hennepin County, :Minnesota
(hereinafter "the Property"); and
WHEREAS, Owner has made application to the City for a variance from City
Code Section 78-1285(b) to permit intensive vegetation removal within the 0' to 75' foot
zone; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on August 20, 2007, at which times all persons desiring to
be heard concerning this application were given the opportunity to speak thereon.
Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #06-3243.
2. The Planning Commission reviewed this application on August 20, 2007 and on
a vote of 3 - I recommended approval of the variance, based on the following
findings:
a. The vegetation removal would be preparatory to replanting with native
plant materials.
b. The property has a steep Lakeshore slope approximately 24 feet high. This
slope is manmade and is unstable.
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CITY of ORONO
1�� 0 RESOLUTION OF THE CITY COUNCIL
Si3oNO. 5 6 5
c. The vegetation cleared would be primarily weeds and non-native species.
No significant trees would be removed.
d. The proposed plantings would stabilize the slope
3. The City Council has considered this application including the 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 community.
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 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 Owner but necessary to alleviate a demonstrable
hardship or difficulty; is necessary to preserve a substantial 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 a variance to Orono
Municipal Zoning Code Sections 78-1285(b) to allow intensive vegetation removal within the
0' to 75' foot zone, subject to the following conditions:
1. Council approval is based on the plans submitted by the Owner and annotated
by City staff, attached to this Resolution as Exhibit A. Any amendments to
these plans may require fin-ther Planning Commission and City Council
review.
2. The retaining walls, steps and a patio within the 0 to 75 foot zone shown on
these plans are not part of this approval.
3. The Owner shall execute a conservation easement to ensure maintenance of the
plantings.
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CITY of ORONO
RESOLUTION OF TH� %T� CQUNCI L
NO. bb {j
4. Authorities granted by this resolution run with the Property not with the owner,
but are permissive only and must be exercised by commencing the project
before September 10, 2008 or the variance will expire on that date.
5. The project must be completed within six months of its commencement. If the
Project is commenced but not completed the Owner grants the City and/or its
contractor the right to enter onto the property to complete the project. The
Owner agrees that the cost of this work may be assessed to the property as a
special assessment, to be a lien on the property until paid.
6. 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.
7. The undersigned Owner has read, understood and hereby agrees to the terms of
this resolution and on behalf of his heirs, successors and assigns, hereby agree
to the recording of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 10th day of September, 2007.
ATTEST:
Linda S. Vee, City Clerk
gV es M. White, Mayor
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STATE OF -ML LNTNESOTA
COUNTY OF HENNEPIN
CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5656.
This instrument was acknowledged before me this of S day of sp
2007 by Richard Marzan, a single person.
.rlJfs1.lfftl..r.11111l111I1111./I�
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5656
PLANT MATERIALS SCHEDULE.:
SHRUBS
.a
Qty.
Key
Scientific. Name
CornmonName
Size
Root
Notes
25
Cs
Cornus sericea 4santl'
Isanti Dogwood
#1
POT
Healthy/Full
30
Its
lRubus sp.
Darrow Blackberry
#1
POT
Healthy/ .rull
15 .
I
Ra
Rhus aromatic. 'Grow Low'
Grow -Low Fragrant Simve
#1
POT
Healthy/PuU
120
Am
lAronia melanocarpa
'Autuam
Autumn hlagic Black Chnl dmTy
#1
POT
Healthy/Full
hip
hlagil.
Spotted Bee Helm
#1
POT
Healthy/Full
60
D]
Diervilla lonima
Dwarf Bush Honeysuckle
#1
AOT
Healthy/Full
30
Aa
Airelandnier &huf*1m Regent'
Regent Saskatoon Servicebecry
91
POT
Healthy/Full
10
Ca
Corylus americana
American Hazelnut
#1
POT
Healthy/Full
PERENNIALS
Qty.
Key
Scientific. Name
Common Name
Sire
Root
Notes
30
30
An
Aster
New
#1
POT
Healthy/Full
35
Ep
Echmacea purpurea
Purple Cone:flower
#1
POT
Healthy/Fu1!
35
LF
Liatris pyrrtost d-tya
Prairie mazing star
#1
POT
Heaithy/Full
35
Rf 'G' �Rudbackiafulgida'Goldirtu='
$lack Eyed Susan
#1
POT
Healthy/Full
hip
Monarda punctata i
Spotted Bee Helm
#1
POT
Healthy/Full
These drawings are part of a set of plans
prepared by Stephen Mastev of Landscape
Architecture, Inc.(project 07-03)
dated 8/31107 which are incorporated by reference.
201 E47
EX TREES,.
c
Ems. I
I Pine
72 Pr
[lonF Sic Ds
A 1 776'
1�60 Sq Ft.
14' Spruc
4r
EXISTING SINGLE-FAMILY HOUSE
5' 6 5 6
EX. GARAGE
Ir I
EX. TURF LAWN AREA
_751 SETBACK LIKE FROM OHW
ffATION SILT CURTAIN PER DETAIL.
CMU BLOCK WALL TO BE REMOVED.
430 SF GRASS LANDSCAPE AREA.
UMBER WALL TO BE REMOVED.
ADVE DOCK SECTION AS NECESSARY.
311 TFERCE PER DETAIL (ABOVE ROCK
EX. RIP -RAP LINE @ OHW 929.4
5 65 6
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 September 10, 2007, with the original thereof on
file in my office, and the same is a correct transcription thereof.
WITNESS my hand officially as such City Clerk and the Corporate seal of the
Cita this 12th day of September , 2007-
City llerk