09-20-2004 Planning Packet - Laserfiche WebLink

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CITYof ORONO %RESOLUTION OF THE CITY COUNCIL NO. 4 6 9 4 C. The total width of the Minnetonka Axcnuc right-of-way is 40'. The fence will be located no closer than 40' to the propeny located to the south of the subject lot. D. A portion of the preexisting fence is still located on the property. E. The lot is unique by the fact it is one cf only a few lots in the Cr>$tal Bay neighborhood that is located on a comer lot with one of the two streets being undeveloped and the City of Orono does not use the street for public utilitv purposes. In addition the City does not intend to open Minnetonka Avenue to extend the road Minnetonka Avenue can not be extended because the French Creek lots are planed without the provision to extend the right of way in the future 5. The City Council finds that the conditions existing on this propeny arc peculiar to it and do not apply generally to other propeny in this zoning district, that granting the variance would not advetselv affect traflic conditions, light, air nor pose a fire hazard or other danger to neighboring property, would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is nccessao' to preserve a substantial property right of the applicants; a.nd would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6 The City Council has considered Lhis application including the findings and recommendations of the Planning Commission, reports by City s*aff, comments by the applicants and the effect of the proposed variance on the health, safetv and welfare of the community. CONCLtSlONS, ORDER AND CONDITIONS Based upon one or more of the above flndl'^f.l ‘he Orono City Council hereby grants a variance to Municipal Zoning Code Section ’vf! .ubdivision 15 to permit a 6 privacy fence to be constructed within the 50 side yai*. *■..* nl to the street setback where a 3 ‘/i’ fence is permitted, subject to the following conduit ; 1. No portion of the fence shall encroach into the Minnetonka Avenue richl-of-vvay Page 3 of 5