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Home My WebLink About#6376-variances-2014 � ' �IPS h.L��7 �-��'7 ��(._ Doc No A10092320 Certified, filed and/or recorded on Jun 27, 2014 10:00 AM Office of the County Recorder Hennepin County, Minnesota Martin McMormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 42 Pkg ID 1125449M Doc Name: Resolution Document Recording Fee $46.00 Document Total $46.00 This cover she�t is now a permanent part of the recorded document. , .� o�. O O CITY of ORONO .� � �' �+ RESOLUTION OF�t�(� C,I�COUNCIL ti,�' 3 ( '��xE o��G NO. SH A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1405 FILE NO. 14-3648 WHEREAS, Benjamin D. Goodwin and Heather D. Goodwin, a married couple, are the owners (hereinafter "the Owners") of the property located at 565 Leaf Street within the City of Orono (hereinafter the "City") and legally described as: Lot 3, Block 1, Fox Hollow, Hennepin County Minnesota (hereinafter the"Property"); and WHEREAS, the Owners have made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1405 to allow construction of a fence 8 feet in height (hereinafter the "Screening Fence") where 6 feet is the maximum fence height; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on February 18, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 14-3648. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application at a public hearing held on February 18, 2014 and voted 5 in favor and 0 opposed on a motion to approve the fence height variance. The Planning Commission finds that the following factors support the granting of the requested variances: a. The Property contains 87,122 square feet in area and conforms to the 2 acre minimum lot size of the LR-1A district. b. The Owners have proposed an 8-foot high, solid panel PVC privacy fence. Page 1 of 4 � �� O � O CITY of ORONO � � A► RESOLUTION OF THE CITY COUNCIL �' ��' No. 6 3 7 F,._ �t��E ' o��G SH c. The Screening Fence will partially screen activities on the Property from the adjacent property. d. The Screening Fence will assist in sound mitigation between the Owner's Property and the adjacent property. e. The Screening Fence will help to delineate the boundary between the Owner's Property and the adjacent property. f. The Owners have planted evergreen vegetation on their side of the proposed Screening Fence to eventually supplement the level of privacy provided by the Screening Fence. g. The Screening Fence will not be visually apparent from Leaf Street or Oxford Road. h. The Owners' request is in harmony with the purpose and intent of the ordinance. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 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 Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Owners; 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 above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1405 to allow construction of a Screening Fence up to 8 feet in height where 6 feet is the maximum fence height; subject to the following conditions: 1. Council approval is based on the survey showing fence location submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 4 .� o�. O � O CITY of ORONO ,-� � RESOLUTION OF THE CITY COUNCIL �'� ��' No. 6 3 7 6 G ��kESH�� amendments to the approved fence location which are not in conformity with City codes or this approval resolution will require further Planning Commission and City Council review. 2. Maintenance of the Screening Fence shall be the responsibility of the Owners. The Screening Fence shall be maintained according to City Code Section 78-1405(a)(8)(e) as follows: The owner of a fence shall maintain it in a condition of reasonable repair and appearance and shall not allow it to become or remain in disrepair or in a dangerous condition; and fences shall be installed with the finished side facing neighboring properties or the street. The term "finished side" means that side having no structural supports. Any disputes regarding the condition of the fence shall be directed to the City of Orono per City Code. 3. The Screening Fence shall be natural or neutral in color. 4. Authorities granted by this resolution run with the Property not with the Owners, but are permissive only and must be exercised by obtaining a permit for the addition and commencing construction of said project within one year of the date of Council approval, or the variances will expire on that date (March 24, 2015). 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. 6. The undersigned Owners have read, understand and hereby agree to the terms of this resolution and on behalf of the Owners and the Owners' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the Property. 7. The City takes no position with regard to cost sharing. Adopted by the Orono City Council on the 24�' day of March, 2014. ATTEST: ,. � C� � iC.e--�- �G'� Rachel Dodge, City Clerk Lili Tod Mc illan, Mayor Page 3 of 4 � � o� O O CITY of ORONO � � RESOLUTION OF THE CITY COUNCIL �'� �� No. 637 6 ��kESH�g'� , � �R � c f Property Owner(s) STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this 2 day of � , 2014, by Benjamin D. Goodwin, husband of Heather D. Goodwin. �JI lNJ(J N"� YV` Y�►VJVW�V► — Notary Public �r° "� CHRISTINE M.MATTSON � NOTARY PUBLIC-MINNESOTA ' .,�;;� My Commission Expires Jan.31,2019 STATE OF MINNESOTA COUNTY OF HENNEPIN . This instrument was acknowledged before me this �2 day of Y' , 2014, by Heather D. Goodwin, wife of Benjamin D. Goodwin. ^ � � No'tary Public •"��.. 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C!► �* l �P� � I--�y 9 'Br.O�C��.OI b � I �� 6'�,V•6� �: �� O�.p� B1�J ' � I ___--__—__ ��,✓.Pp �.9:/a ,�ti�,��5 � 2 _ �� r�cr _. 59t I � ��' � �I \ � �, STATE OF MINNESOTA ) ) ss COLTNTY OF HENNEPIN ) The undersigned, being duly qualified and appointed City Clerk of the City of Orono, Minnesota, certifies that I compared the foregoing resolution adopted at the meeting of the Orono City Council on March 24, 2014, with the original thereof on file in my office, and the same is a correct transcription thereof. WITNESS my hand officially as such City Clerk and the corporate seal of the City this /7�.�`'day of�rz..�. - , 2014. c �.. �* _.�..�. ��.i...C' �c c�:(�< City Clerk �