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Home My WebLink About#5714-variance-2008 �i7.s ►�V'o,�-� �ho,�-� �SSt^� ►,L. Doc No 4486581 04/11/2008 09:00 AM Certified filed and or recorded on above date: � Office of the Registrar of Titles Hennepin County, Minnesota Michael H. Cunniff, Registrar of Titles TranslD 388724 Deputy 021 New cert Cert Fees . 1119625 $1.50 AF $10.50 STATEFEE ' $34.00 TDOCFEE $0.00 TSUR $46.00 Total , ' ' t 1 \"� �� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1405('n(a) FILE NO. 07,3324 �l��g�p5�� ' t � O� O � O � � CITY of ORONO ti �� G~' RESOIUTION OF THE ITX COUNCIL �ES�I�� NO. �J. � � �� A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1405('�(a) FILE NO. 07-3324 WHEREAS, Ann Maxfield, (hereinafter "Qwner") is the owner of the property located at 4175 North Shore Drive within the City of Orono (hereinafter "City") and legally described as: Lots 51, 52 and the southeasterly half of Lot 53, Highwood Lake Minnetonka,Hennepin County,Minnesota.(hereinafter "the Property"); and WHEREAS, Ann Maxfield has made application to the City for a variance to Municipal Zoning Code Section 78-1405(7)(a) to allow a privacy fence along North Shore Drive to remain as constructed at 6 feet high when the maximum allowed height is 42 inches; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Ciiy of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on November 19, 2007, at which times all persons desiring to be heard concerning this applicarion 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#07-3324. 2. The Property is located in the LR-1B zoning district, where 1 acre is the minimum lot area and 140 feet is the minimum lot width. The Property is approximately 0.58 acres in area and 125 feet in width. 3. Tl7e Planning Commission revievc-�ed this application on November 19, 2007 and on a vote ot 6 - 1 recommended approval of the variance with conditions, based on the following findinVs: a. Last summer trees and shrubs along North Shore Drive were removed because of the power line. These trees and shrubs screened the property Page 1 of 3 � o� 0 0 � CITY of ORONO � � ti ti RESOLUTION OF THE CITY COUNCIL ��'EsII04'�G NO. 5 7 � � from North Shore Drive. b. While the fence is not appropriate permanently, it is reasonable to allow it to remain for one growing season while the Owner installs replacement vegetation. 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 va.riance 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 Owner but necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the Owner; 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 the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1405(7)(a)to allow the privacy fence along North Shore Drive to remain as constructed at 6 feet high when the maximum allowed height is 42 inches, subject to the following conditions: l. The fence is to be an interim solution while the owner reestablishes vegetative screening. The variance will e�:pire on December 31, 2008 and the fence is ta be removed or reduced to 42 inches in height by that date. If the fence is not removed the City may remove the fence and assess the cost to the property. _ 2. If the fence extends onto either of the adjaceilt vacant tax parcels also owned by the Owner, these t�parcels must be combined with the tax parcel containing the house as an accessory structure is not allowed on a parcel without a principal structure. Page 2 of 3 ' o ' �O _Y O O � CITY of OR4N0 � � ti ti RESOLUTION OF THE CITY COUNCiL ��`�k:EsI;O��G No. 5 7 1 4 . 3. Authorities granted by this resolution run with the Property not with the owner,but are permissive only. - 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 Owner has read, understood and hereby agrees to the terms of this resolution, grants the City the right of entry to remove the fence, and on behalf of her heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 14th day of January, 2008. ATTEST: . �' ��. ,� �� Lmda S. Vee, City Clerk 3 es M. White, Mayor ! �� Ann Maxfield STATE OF I�ZINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this�day of ��, 2008 by Ann Maxfield, a single person. ��—�,.,,.�. - .JILL J HUBER ,- / Notary Public + � Minnesota �y My Commission Expires Jan.31,2013 ' otary P Page 3 of 3 , , , STATE OF MINNESOTA ) ) ss COUNTY 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 January 14, 2008,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 17�' day of Januarv ,2008. .._' .<.;.> � a .. ,��, � f ��Z�;��%ean"��,i��i�.Y 6y�#SF`' ' � V 4n .:}a: dT�,w�' u'Y '' �a�� t,,✓r � � � K� �A>. �j r�,�' �)� ♦ ,, .�� ` s�w'; �`�� City C erk y��'`;y� �c,,�,4 m'�� -� .�'':� e�� .c��. �"„+� �T �'�� .H,��F* �+f�t:. �sr'""'�°P'�8='k�5 di� �r � �'�� ,�� p f��a�� +��d�,��,�;��, � .�.>- � ��d19'R�`t�t r p�q� ,�r. �,,p f. ar. �y a$4 .�,h r :,�4� �`g{��' ;��d':; "��F i