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�� G'�' RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION FINDING HAZARDOUS BUILDING
AND REQUIRING THE SECURING
AND REPAIR OR REMOVAL
OF THE RESIDENTIAL STRUCTURE
AT 200 HOLLANDER ROAD, ORONO
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS,John M.Hollander,200 Hollander Road,Orono,MN 55391 is the fee
owner of record of the property located at 200 Hollander Road within the City of Orono(hereinafter
"the City") and legally described as follows:
Property Identification Number: 25-118-23 44 0015
Lot 002, Block 001, Holly Acres 3`d Addition (hereinafter "the
property"); and
`VHEREAS, the City Council of the City of Orono, having duly considered the
matter pursuant to Minnesota Statutes Section 463.15 to 463.261, hereby finds that the above-
described properiy is uninhabitable and contains unsanitary and hazardous conditions which
constitute a public nuisance and which make this property hazardous to the public health,safety and
w•elfare, based on the following findings:
Field Stone Foundation
1. Foundation is cracked and crumbling in many locations.
2. Foundation is in danger of collapse.
3. Foundation has several azeas that are open to the exterior.
. 4. Windows are broken,missing,and rotted allowing entrance to animals and esposure
to the elements.
5. Earth has settled around foundation allowing water to collect and exert pressure on
foundation walls. Foundation is hazardous within the definition of Minnesota Statute
Section 463.15.
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Floor Svstem
1. Log floor joists are in contact of earth. Violation of Uniform Building Code 2308.6.
2. Log floor joists are rotted on ends.
3. Log floor joists have been cut in one location and are structurally unsound. Floor
system is hazazdous within the definition of Minnesota Statute Section 463.15.
Stairwavs
1. Basement stairs have improper rise and run,headroom,lack handrails and guardrails,
and have a rotted support system.
2. Stairs to second story lack handrails and are loose due to shifting of the foundation.
Stairs are unsafe and hazardous within the definition of Minnesota Statute Section
463.15.
Exterior
1. Earth has settled adjacent to foundation which has caused fuel oil tank to settle into
hole causina damage to piping. Violation of Uniform Mechanical Code Section
7902.1.14.3.
2. Inadequate separation between earth and wood framing causin� rotting of sills.
Violation of Uniform Building Code Section 2308.6.
3. Concrete wall on front porch crumbling. Concrete wall is hazardous within the
definition of Minnesota Statute Section 463.15.
4. Siding, soffit, and facia rotted and falling off building. Siding, soffit, and facia are
hazardous within the definition of Minnesota Statute Section 463.15.
Interior
1. Windows covered with opaque plastic and tape preventing light and air transmission.
Violation of Uniform Building Code Section 1202.
2. Plaster falling off ceiling due to leaking roof. Ceiling is hazardous within the
definition of Minnesota Statute Section 463.15.
Plumbin�
1. Bathroom sink non-functional. Violation of Uniform Building Code Section 2902.6.
2. Plumbing fixtures improperly vented. Violation of Minnesota Plumbing Code
Section 4715.2�10.
3. Bathroom and kitchen unsanitary. Considered hazardous �vithin the definition of
Minnesota Statute Section 463.15.
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Heatin�
1. Furnace is missing doors and appears to be non-functional. Furnace hazardous
within the definition of Minnesota Statute Section 463.15.
Electrical Svstem
1. Electrical system has open, deteriorated wiring - entire system needs upgrading.
Electrical system is hazardous within the definition of Minnesota Statute Section
463.15.
NOW,THEREFORE, BE IT RESOLVED as follows:
1. The City Council of the City of Orono,Minnesota,pursuant to the foregoing findings
and in accordance with Minnesota Statutes Section 463.15 to 463.261,hereby orders
the owner of the property to remove the structure or to make the following repairs in
order to correct the hazardous conditions:
Foundation
— Footing and foundation-replace with code compliant materials.
— Backfill with earth sloped away from building with positive drainage.
— Provide code compliant egress window.
Floor Svstem
— Replace floor system with code compliant materials a minimum of 18 inches
from earth.
Stairwavs
— Reconstruct stairways with code compliant materials including proper rise
and run, headroom, and handrails and guardrails.
Exterior
— Support fuel tank on proper base.
— Raise building or lower grade to provide 6 inch cleazance from earth to
framing.
— Replace porch wall with code compliant material.
— Replace siding, soffit, and facia where needed.
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Interior
— Provide code compliant windows to provide required amounts of light and •
ventilation.
— Replace plaster in ceiling where needed.
Plumbine
— Repair or replace bathroom sink with code compliant material.
— Provide venting to meet Plumbing Code.
— Replace damaaed and missing tiles and sanitize bathroom and kitchen.
Heatin�
— Replace missing doors and contract with a licensed mechanical contractor to
evaluate the system and repair as needed.
Electrical S sv tem
— Electrical system must be inspected by State Electrical Inspector and
upgraded as required.
. 2. If the repairs are not completed,or unless an answer is filed within twenty(20)days
from the date of service of this order, the City shall move the District Court for
summary enforcement of this order.
3. If an answer is filed that contests the hazardous building action, the matter shall be
tried and decided by the District Court. If the order is sustained by the Court. the
Court shall fix a time after which the building shall be destroyed or repaired as set
forth in Minnesota Statutes Section 463.20.
4. If the Court's Judgement is not complied within the time prescribed, the City may
make the ordered repairs, raze or remove the hazardous condition or building, or
acquire the building and real estate on which the building or hazardous condition is
located by eminent domain. The necessary costs of such repairs,razing or removal,
including but not limited to attorney fees,witness fees and filing fees, shall be a lien
against the real estate on which the hazardous condition exists and will be levied
aQainst the property as set forth in Minnesota Statutes Section 463.21 and 463.22.
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�. That the City Council of the City of Orono hereby authorizes and directs the Mayor,
City Clerk,City Attorney,and other officers and employees of the City to take such
action,prepare,sign and serve such papers as are necessary to comply with this order,
and to assess the cost thereof against the real estate described above for collection
along with taxes.
Adopted by the City Council of the City of Orono, Minnesota at a reaular meeting
held this 8th day of October, 2001.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
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RESOLUTION OF THE CITY COUNCIL
��`�kEsKo�`'�'G rvo. 5 5 5 �
A RESOLUTION DENYING
A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 78-1405(7)(a)
FILE No. 06-3248
WHEREAS, John Malcolm Hollander, a single person, (hereinafter
"Owner") is the owner of the property located at 200 Hollander Road within the City of
Orono (hereinafter "City") and legally described as: Lot 2 Block 1 HOLLY ACRES 3RD
ADDITION, Hennepin County, Minnesota(hereinafter "the property"); and
WHEREAS, Owner has made application to the City for a variance to
Municipal Zoning Code Section 78-1405(7)(a) to allow a 56 inch high fence within the
required street yard where the maximum allowed height is 42 inches; 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 November 20, 2006, at which times all persons desiring
to be heard concerning this application were given the opportunity to spealc thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#06-3248.
2. The property is located in the RR-1B zoning district, where 2 acres is the
minimum lot area and 200 feet is the minimum lot width. The property is '
approximately 2 acres in area and 260 feet in width.
3. The Planning Commission reviewed this application on November 20, 2006
and on a vote of 4 - 0 recommended denial of the variance, based on the
following findings:
a. Granting the variance would be detrimental to public safety because it
would limit the amount of natural surveillance of the street by this property
and of this property by adjacent properties.
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RESOLUTION OF T CITY COUNCIL
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b. The variance is not within the parameters for approving a variance found in
City Ordinance Section 78-123.
4. 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.
5. The City Council finds:
a. There are no conditions existing on this property that are peculiar to it and
that do not apply generally to other property in this zoning district. While
the house was granted a setback variance as part of subdivision approval,
the variance is less than a foot. Not being able to construct a privacy fence
between the house and the street occurs whenever a house is constructed at
the minimum setback.
b. Granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the property. State statute does not allow consideration
of hardships that arise from the occupants of the property, such as a
disability or an extremely large family.
c. The variance is not necessary to preserve a substantial property right of the
Owtier. The Owner may create a large private area by erecting the
proposed fence at the required setback. The property satisfies the
requirements for lot width and area.
d. Granting the variance would be detrimental to public safety by limiting the
amount of natural surveillance of the street by this property and of this
property by adjacent properties.
e. Granting the variance would not be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City. Both the zoning
ordinance and the Comprehensive Plan call for preservation of ttie rural
character of properties in the Rural Residential zoning districts, especially
views. The presence of a tall, 100 percent opaque fence so close to the
street is not in keeping with this goal.
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RESOLUTION OF THE CITY COUNCIL
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CONCLUSIONS AND ORDER
Based upon the above findings, the Orono City Council hereby denies the applicant's request
for a variance to Orono Municipal Zoning Code Section 78-1405(7)(a) to allow a 56 inch high
100 percent opaque fence when the maximum allowed height is 42 inches.
Adopted by the Orono City Council on this l lth day of December, 2006.
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instrument was ac1.�lowledged before me on this�� day of ,l-'�- '' � �'" 'f'` `Z-
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2006 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation
and said instniment was executed on behalf of the City.
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Notary Fublic '
STATE OF MINNESOTA
COUNTY OF HENNEPIN
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The foregoing instniment was acicnowledged before me on this � ' day of � i � '`
, 2006 by Linda S. Vee, City Clerk of the City of Orono, a Mimiesota municipal
corporation and said instrument was executed on behalf of the City.
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