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Home My WebLink About#3464 - variance - 1994 � � � ��' ITY of ORUNO O :: O C �'��-�> RESOLUTION OF THE CITY COLTNCIL � rj�'�;r�--�, '" No. � 4 6 � ,� �' L' � G'� ��kEsK�g� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 1 (B) FII,E NO. 1954 WHEREAS, Law�rence 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 E�ibit 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 ihe LR-1^ Lukeshore 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 ap�roval of the :�ariance application as amended, based upon the following findings: - A_. The privacy fence has existed in the north side lot line adjacent to the public swimmin� beach for over 20 years, prior to the City's adoption of shcreland standards for development. B. The former privacy fence was in 3 serioLs state of disrepair and possible collapse. Page 1 of 4 � Form SJOS DizA � � � ��' CITY of ORONO O .; O ��:��> � RESOLUTION OF T'HE CITY COUNCIL '��' -- s� 3 4 � '� �� ti No. 4 6 y�' ,�, �� ' �G 9kEST�I�4� 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 pu�li� swimm:ng bPach granting a setback variance of 70' or 93%. Approval is subject to the following conditions: 1. Applicant shall apply for a penalry building permit for :.onstruction 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 Form 5005 Dist Oi� � ��' CITY of ORONO O_ ,�. O ��:`�� RESOLUTION OF THE CITY COLTNCIL �.: � � `��` � ��`� �, N0. _��- t� � ' � G'�' . �`�kEsHog'� . 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 authoriry granted herein, and shall be punishable as a misdemeanor. 5. The undersi�ned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, nereby 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. A TEST: � , � . �� ii �� ' �� ' ' or thy M. alli , City Clerk E ward J. Ca}��han, J ., Nlayor d �� A lican (s) STAT�. UF MINrdFSOTA ) j SS. COLNTY O�' �-IENNEP?N ) T'�,e `ore�oir.g 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 Min.*�esota municipal corporation and said instrument was executed on behalf �f the City. ,- LINDA S. VEE NOTARY PUBLIC - MINNESOTA UYL� " �� -� HENNEPIN COUNTY NOt� PUb11C .� My comrnisslon exptres e-tz-98 �' , • Page 3 of 4 Fam SOUS Disk C� �' ��' CITY of ORONO O-`'\ � O UNCIL �,;.,;�,-�� RESOLUTION OF THE CITY CO � ' ��'� ' � �, No. 3464 '� `� `�� . .�.� Gti �9kEsK�4'� STATE OF MINNESOTA ) ) ss. COUNTY OF HEN�IN ) � 199� before me a Notary On this '� day of Sep �m be� > > Public within and for said Counry,personally appeared / �cc�r.p�� se.n, �r a��'�e�( known to me to be the person(s) described in and who executed the foregoin� instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �=`^�';; LINDA S. VEE j1�(�� /�� ;f NOTARY PUBUC - MINNESOTA � MyH�mrN�«N�O�UN 2� Notary Public �� STATE OF MINNESOTA ) ) ss. COUNTY OF�HENNEPIN ) On this �1�F day of 5��irr��J�r' , 199 � , before me a Notary Public withinandfor said County personally appeared �(��h r,'�__�5�� /r'a��''e� 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 ��' � "�� NOTAP.Y PUBUC - MINNESOTA Nota Public ;" HENNEPIN COUNTY �' �^�,�� My commisslon expires &12-98 -=� Page 4 of 4 Fam 5005 Disk O�r � ��' CITY of ORONO O_ �� O ��;�� RESOLUTION OF 7`I� CITY COUNCIL a �� 464 . ,� '��'�� F No. - ' � �r� ~ ��E� ��G sK EXHIBIT A Legal Uescription That pa��t of Lot 110, Spring Park , lying No��thwesterly of tl�e So��tl�easterly 90 feet tlier•eof, according to tl�e recor•ded plat ti�ereof, and situate in Hennepin County, Minnesota. Also, Lot 101 , and the North�•resterly 1/2 of Lot 100, includ- ing all land lying between the PJortheast line of Lake Shore Avenue and Lake �•iinnetonka and bounded on the Southeast by the Soutl�east line of said Northwest.erly 1/"l 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 ShoT�e Avenue lying adjacent to prem-- ises , all in Spring Park , according to the recorded plat thereof, and situate in liennepin County, hlinnesota. iam 5005 Dis�