HomeMy WebLinkAboutResolution 2342 POPHAM, HAIK,SCHNOBRICH & KAUFMAN, LTD.
3300 PIPER JAFFRAY TOWER
MINNEAPOLIS, MINNESOTA 55402
WAYNE G.POPHAM THOMAS J.BARRETT TELEPHONE MARK B.PETERSON TERRANCE A.COSTELLO
RAYMOND A. HAIK JAMES A.PAYNE 612-333-4800 D.RANDALL BOYER JOSEPH D.VASS
ROGER W.SCHNOBRICH DAVID A.JONES BRIAN N.JOHNSON BRIAN W.OHM
DENVER KAUFMAN LEE E.SHEEHY TELECOPIER TIMOTHY W.KUCK STEVEN A.CHELESNIK
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BRUCE D.WILLIS ROBERT H.LYNN 1311612-334-2503 THOMAS C.M I ELEN HAUSEN THERESE M.HANKEL
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JANIE S.MAYERON KEITH J.HALLELAND DIRECT DIAL NUMBER WILLIAM M.OJILE, FRED RRI
334-2549
March 23, 1988
Ms . Jeanne Mabusth
City of Orono
P.O. Box 66
Crystal Bay, MN 55323
Dear Jeanne:
Enclosed and listed below are resolutions granting
variances which cannot be filed in torrens property.
Name Resolution No.
Helstrom, Richard G. Res. 2290
Bruce and Camille Curtiss Res . 2342
If you have any questions please call either me or my
secretary, Joyce Pedersen at 334-2736.
Very truly yours,
j�
Nancy E. Husnik
Legal Assistant
NEH/jlp/3228
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2342
ORONO
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.22, SUBDIVISION 1 (A)
AND SECTION 10.55, SUBDIVISION 8
FILE #643
WHEREAS, Bruce Curtiss and Camille Curtiss (hereinafter "the
applicants") are the owners of the property located at 1920 Fagerness Point
Road within the City of Orono (hereinafter "City") and legally described a7
follows:
That part of Lot 27, Fagerness, lying North and East of a line
described as follows: Commencing at a point on the Southeasterly line
of Under-The-Linden Avenue, which said point is marked by a judicial
monument, a distance of 175 feet Northeasterly along said avenue from
the Southwest corner of said Lot 27 ; thence bearing South 34 degrees
14' East a distance of 69.00 feet to a point marked by a judicial
monument; thence continuing on an extension of said line to the shore
of Lake Minnetonka, Hennepin County, Minnesota (hereinafter "the
property") ; and
WHEREAS, this application has involved the reconsideration of an
original variance application (#643 ) approved by the City Council on
September 14, 1981 that would have required that applicants install a
turnaround within their street yard and portions of unused right-of-way of
Fagerness Point Road. In addition, applicants seek variances to Sections
10.03, Subdivision 15 (C) , 10.22, Subdivision 1 (B) and Section 10.55,
Subdivision 8 for an existing fence at 6 feet in height that exceeds the
allowed height of 3k, located within 75 feet of the lakeshore and proposed
within 26 feet of a designated wetland.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #643.
2. The property is located in the LR-1C Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on October
19, 1987, and recommended unanimous approval of the variances
application allowing a 3)1 foot high fence based upon the following
findings:
Page 1 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
CITY NO. 2342
OF
ORONO
A) There is no unique hardship to the land that would require a
6 foot high fence.
B) A 3k foot fence with plantings can provide the necessary
protection for children if both are installed with specific care
in placement of plantings to insure there is no negative impact
on required sight distance.
C) The Planning Commission felt the turnaround should be
installed as required.
4. On November 9, 1987 and November 23, 1987, the Orono Council
considered the application and noted the following findings:
A) The existing six foot high fence creates a visual/safety
hazard for users of public road and for children who exit the
property.
B) Adequate sight distance is essential if a turnaround is not
installed on the property. A 3 1/2 foot fence with plantings at
limited height in designated areas can accomplish applicants
goals for protection of children and privacy in limited yard
area.
C) To allow a 3 1/2 foot fence along the street lot line of the
property, located within the lakeshore protected area, would be
consistent with past actions of the City Council based on valid,
similar findings noted in this review.
D) Economic considerations are not valid reasons to grant
variances per Section 10.08 Subdivision 3A( 4 ) of the Municipal
Code.
E) Sections of the 6 foot privacy fence have been installed
within the road right-of-way of Fagerness Point Road.
F) The 6 foot privacy fence has been installed within 75 feet of
the shoreline of Lake Minnetonka.
G) Approving a 6 foot high privacy fence to provide privacy has
not been a valid reason for the granting of variances in light of
recent denials. The approval of this privacy fence would
establish a negative precedent in the consideration of similar
applications in the future.
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
variances on the health, safety and welfare of the community.
Page 2 of 5
l City of ORONO
CITY RESOLUTION OF THE CITY COUNCIL
OF NO. 2342
ORONO
6. 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances per Municipal Zoning Code Section
10.22, Subdivision 1 (A) and Section 10.55, Subdivision 8 to permit the
installation of a 3h foot high fence totally located within 75 feet of the
lakeshore per survey dated 10/13/70 by Gordon R. Coffin and within 26 feet
of a designated wetlands per City of Orono's Designated Wetlands Map of the
North 1/2 of Section 17 and to waive the requirement that applicants
install a turnaround on the property, subject to the following conditions:
1. A 3h foot high fence may be maintained at the present location of
the existing 6 foot fence, portions of which are located within the
right-of-way of Fagerness Point Road. Applicants shall execute a hold
harmless agreement in order to hold the City harmless for any and all
damages resulting from the placement of said fence within the road
right-of-way.
2. No plantings to exceed a height of 3k feet at maturity shall be
planted within an area bounded by the driveway to the south and
northeast 35 feet along the street line as described in Exhibit N of
the November 9, 1987 Council packets in exchange for waiving the
condition that would have required a turnaround on the property.
3. The height of the existing fence shall be altered to meet the
approved height of 3k feet by April lst, 1988.
4. 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, for the new sections of the proposed 3k foot fence,
or this variance will expire on that date (January 11, 1989).
5. 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.
Page 3 of 5
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2342
6. The undersigned applicant have 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.
1988 . Adopted by the Orono City Council on this 11th day of January,
r
ATTEST:
orothy M Iq
allin, ity Clerk ' 4Jam R. Grabek, Mayor
Z'L � K�z� P
Property Owner(s)
Page 4 of 5
City Of ORONO
lei RESOLUTION OF THE CITY COUNCIL
NO. 2342
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this day of 198_
before me a Notary Public within and for said county, personally
appeared 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.
NOTARY PUBLIC
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this 2� '� day of 1988, before me
a Notary Public within and for sai ounty, personally appeared
X-uee e. �ur .��s aK� 6-72/l i° (UL,6rr 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.
I
HAROLD L. GUSTAFSON �
-" NOTARY PUBLIC-MINNESOTA
HENNEPIN COUNTY
MY COMM.EXPIRES JAN.19,1991
x "
MY COMMISSION EXPIRES
Page 5 of 5
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 January 11 , 1988 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting.
In Witness Whereof , I have hereunto set my hand and seal this
2nd day of March 1988
0 othy allin, City Clerk
(SEAL)