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i <br />o\Jr^ <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 4 6 9 £% <br />The total width of the Minnetonka Avenue right-of-way is 40’. The <br />fence will be located no closer than 40' to the property located to the <br />south of the subject lot. <br />D. <br />E. <br />A portion of the preexisting fence is still located on the property. <br />The lot is unique by the fact it is one of only a few lots in the Crystal <br />Bav neighborhood that is located on a comer lot with one ot the two <br />streets being undeveloped and the City of Orono does not use the street <br />for public utility purposes. In addition the City does not intend to open <br />Minnetonka Avenue to extend the road. Minnetonka Avenue can not be <br />e.vtended because the French Creek lots are platted without the provision <br />to extend the right of way in the future. <br />5.The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serv’e as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered '.lus application including the findings and <br />recoir.mendations of the Planning Commission, reports by City staff, co.T.rr.enis <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />erants a variance to Municipal Zoning Code Section 10.03. Subdivision 15 to permit a 6' <br />privacy fence to be constructed within the 50' side yard adjacent to the street setback where <br />a 3 ‘/i’ fence is pemiitted, subject to the following conditions; <br />I. No portion of the fence shall encroach into the Minnetonk:a Avenue right-ot-way. <br />Paee 3 of 5