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Home My WebLink AboutResolution 1749 V.� . � Cit of ORONO . .j�,�: � � ! �' � �{�� RESOLUTION OF THE CITY COUNCIL :;�:. �:�:�£ . NO. 1749 �, yN� Y. • 1;� �� - � � A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.60, SIIBDIVISION 13 - FILE �884 . WHEREAS, Richard Eller and Patrice Eller (hereinafter "the � ' applicants" ) have an ineterest in the property located at 2655 Shadywood Road within the City of Orono (hereinafter "City" ) and legally described as follows: That part of Lots 22 and 23 lying southeasterly of a line , • running parallel to the easterly line of Lots 22 and 23 from a � point 156 feet northerly of north east corner of Lot 22 measured along Northwesterly line of Lot 22, of that part of Lots 22 and 23 lying north of a line running from a point in the . Southeasterly line of Lot 22, distant 27 feet Southwesterly ; from the north east corner thereof to a point in the Northwesterly line of Lot 23, Distant 30 feet Northeasterly from the south west corner thereof of Lots 22 and 23 , subject � to an easement of ten feet along southerly line of above � described property for access to laka; Pheasant Lawn • Addition, Hennepin County, Minnesota, (hereinafter "the property" ) ; and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code "Section 10 .60, Subdivision 13 to permit the storage of a boat greater than the maximum allowed length of � ' 19. 9 feet to be stored within the side/street yard of the property instead of in a structure or fully screened from neighboring property owners ' view; and WHEREAS, the City Council of Orono (hereinafter "Council" ) has reviewed the findings ot the Planning Commission and the City staff , written statements and comments of the applicants and the petition, written statements and comments of the neighbors . � NOW, THEREFORE BE IT RESOL�ED that the Council hereby denies the variance application of Richard Eller and Patrice Eller based on one or more of the following findings : . 1 . This application was reviewed as zoning file #884 . 2. The property is located in the LR-1B Lakeshore Residential Zoning District requiring a minimum of one acre , in area. The lots within the Pheasant Lawn neighborhood consist of . 5 to .75 of an acre in area. • ' Page 1 of �,4 . . r��. �� - City of ORONO i ��Y � � �;_- RESOLUTION OF THE CITY COUNCIL . ;,, ' � NO. 1749 ;� � 3. The property contains approximately .79 percent of the • � • • required area. 4 . The property is surrounded by streets on two sides and the lakeshore/lagoon to the rear of house. The only side yard area on the property along the east sid8 of the existing residence measures 20 feet x 22 feet. 5. The property consists of predominately sloped yard areas. The only flat area suitable for placement of a boat 30+ feet in length is located in the side/street yard of the property. 6 . The -boat is stored approximately 25 feet off the street right of way,� the street setback required for all structures in the zoning district is 35 feet. The boat is stored 10 feet � from the south lot line of the property, 10 feet from their neighbors front yard. 7 . The side yard along the south side c�f the property in which the boat is stored, is in line with the front yards of � the Pheasant .Lawn neighborhood. 8 . The applicants could have stored this boat in a less noticeable and objectionable location on the property. � 9 . The neighboring property owners presented a petition- - dated January 4 , 1985 to the Council noting the following grievances : a) The owner of a large boat can af f ord to store the boat off the site. , b) The placement of the boat in its present location depreciates the land values of the surrounding neighborhood. . ' c) The placement of the boat on the property has become a major concern�for the Pheasant Lawn neighbors creating unnecessary bad feelings towards their neighbor, the . applicants. � � 10 . The applicants have agreed in writing to move the boat as soon as weather permits and to store the boat off site in the future. � 4 Page 2 of . , • . . -, . . . � �� c��t� o� oR,oNO �_ �, �. . • � �. RESOWTION OF THE CITY COUNCIL . , . NO: 1749 � . �� ' � • � 11. The storage of a boat greater than 19.9 feet in length in �'� the street yard without an attempt to screen the boat from view of adjacent property owners is not only in conflict with� the intent ancl directives of Section 10.60, Subdivision 13, � but is in complete conf lict with the intent and directives of- the sectioris of the code that govern the use of all lakeshore property within the City. � - 12 . The storage of the 30+ foot boat in the street yard of the property does alter the essential physical character of the neighborhood because the majority of homeowners store their boats off site and the few that store them on site have placed them in a more secluded, screened area of their lots. FURTHERMORE, BE IT RESOLVED that the Council hereby directs • Richard Eller and Patrice Eller to remove the boat froin its present location by May 1, 1985, and further directs that the street yards of this property may never be used to store a boat in excess of 19 . 9 feet. Council hereby further �advises� �he applicants and future • owners of the property legally described above that there may not be suitable area on this property for the on site storage of boats and to contact the Orono staff for current setback standards and screening requirements. . Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code and shall be punishable as a misdemeanor. - 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, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the City Council•.on this 22nd day of April, 1985 . ATT�ST: � ��. � C Hallin, City Clerk Mary C. ler, riayor � _� � Ric a Eller Patrice E1 er . Page 3 ;of 4 . . � �r . . ^ . ��:�j Cit� of. ORONO � -� � • � ' ' RESOLUTION OF THE CITY COUNCIL :�, �r� � � NO. , . • �� _ � � . ' STAT� OF' r7INNESOTA ) ) ss. COUNTY OF HENNEPIN ) • O n t h i s _��nt� ____ d a y o f _��.�Z__ �_ ___, 19 8 5 be fore me a I�o�ary Pu b lic wi t hin an d for sai d county, personally appeared /�.�� `��_ known to me to be the person (s ) described in and �oho executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. R�N � MIC�H�p�,C'�n►NN�TY " � � oT U �g87 NOTARY PUBLIC �► . .��Em NEP�p�e��e��, t,�'" ��M��..:�e= � s�°s' � ln N'� l� l ! C.J / T1Y COt�iI�7ISSI0N EXPIF.ES STATE OF MINNESOTA ) � � �SS . COUNTY OF HEI�NEPIN ) On this �� day cf �p�/Z. � , 1985, before me a Notary Public within and for said County, personally appeared l e{.(,�A� -�l��p�� __Y_ k n cw n t o m e t o b e t h e person(s) described in and who executed the foregoinginstrument, and acknowledged that he (th�y) executed the same as his (their) free act and deed . ;'ilr`:i:uiN � e � �• � . '`''� ' �` M/C NOTARY PUBLIC � y i�� nro A TqRY �� P � My ym N��p'��M��RO� � S�O��a;rC�VI!ITyA . 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