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HomeMy WebLinkAboutResolution 2198 �� ^, ' e . � Ci.t� o� ORONO •� RESOI.UTION OF THE CITY COUNCIL � NO. 219 8 � � ' • � • • A RESOLDTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (C) � ' FILE �1147 � WHEREAS, George & Theresa Bloom (hereinafter "the applicants" ) are the owners of the property located at 1374 Rest Point Road within the � City of Oronb (hereinafter "City") and legally described as follows: Lot l, Block 1, Rest Point, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) to permit the construction of a fence 6' in height along a front property line where only a 3�' height fence is normally allowed. • NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File #1147. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on May 18, 1987, and none of their 3 motions for recommended action (2 for conditional approval, 1 for denial) yielded a majority of votes, hence Planning Commission could reach no formal recommendation on this project. 4. The Council finds that the proposed 6' fence to be located as described in the conditions of this resolution are necessary for the applicants' enjoyment of their property, the hardship being the close proximity of the actual traveled. roadway to the existing residence, a distance of less than 20' , and the elevations of the windows in the . :. � . resid:ence at the .same relative : level as e.ye. level of; pedestrian and vehicular traffic on the roadway. The Council finds that the existing shrubbery does not provide adequate screening to protect the applicants' privacy, and finds that evergreen shubbery could not be suitably developed in its place. . • 5� The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. Page 1 of 4 Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 219 8 � ' • - • • 6. The City Council finds that the conditions exi�ting 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 applicants, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the � �.s.pirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLDSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby � grants a variance per Municipal Zoning Code Section 10.03, Subdivision 15 , (C) to permit the construction of a fence 6' in height along a front property line where only a 3�Z' high fence is normally allowed: • l. The 6' fence shall be located at least 5' from the front property line at the west end, and no further than 12' from the house at the jog in the house, and there ending, and shall at no point be higher than 6' above existing grades. (See Exhibit A attached.) 2. Applicant shall execute a hold harmless agreement for any damage the City may cause to the fence during normal maintenance of the road and utilities. As long as the 6' fence exists, no additional fence may be constructed between it and the road right-of-way. 3. Authorities granted with this resolution 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 (June 8, 1988 ) . 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 • appl�icants 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. • Page 2 of 4 � �� � clt� o� oRONo • RESOLUTION OF THE CITY COUNC�L � NO. 219 8 � ' • - • • Adopted by the .Orono City Council on this 8th day of June, 1987. . i; ; , '. _ ATT�ST: . � � . ,' , � othy M. llin, ity� Clerk Jam s R. Grabe , Mayor , operty Owner(s ) • • Page 3 of 4 . . • - C�t� of ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2198 � ' . • - • • STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this �C�� day of �C.�Y�2- ► 198� before me a Notary Public within and for said county, personally appeared . ��r�50. � Rl�arn 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. : C�'.�'�" - NOTARY PUBLIC THER�8A L. NAAB ' NOTARY PUBLFC - MINNESOTA � HENNEPIN COUNTY ///��1 11Ay commiaalon expirss 9-e-92 ������ � MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. - COUNTY OF HENNEPIN ) On this �� day of !.� (,C f , 198�, before me a Notary Public within and for sai County, personal ly appeared e0l^42- l� �Dom known to me to be the � person s) described in and who executed the foregoinginstrument, and acknowledged that he (they ) executed the same as his (their) free act and deed. �2� N TARY PUBLIC ' MdTARY RP1J�Ll0�MINNE OTA �"�"�:�.:"� 9- �-9 a MY COMMISSION EXPIRES • Page 4 of 4 � `' r � � � �163�T � �� � • ��S�t�/�'t�c�tJ /`�O, z��g, (' � � I� 1� . .� . ( �! . � . � . . . w �� � �-'`" -- � ,� 2 3.�, � � � . � � l -- -�-. .:� _„_ . . �. 1 . '�` "—... � �s . ` , ` . 1 . l � � . � O`� � .�%� � � ��� � � � �� , � � � � � �� . . � � � � 10.Z ,` � . � cr1 ! � N �,� i ' , � _ �, •. . 0 � ` : ! � � 33.3 '' • . . b � . V.� . .. ._ . . S,� .,�.... u ,9 . �_... 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