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i�� <br /> !.� 0,�. <br /> � O O <br /> ��b. - CITY of ORONO <br /> � ti <br /> �� G'�' RESOLUTION OF THE CITY COUNCIL <br /> ��`9IfESg� NO. ,� s � � . <br /> � <br /> C. 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. A portion of the preexisting fence is still located on the property. <br /> E. The lot is unique by the fact it is one of only a few lots in the Crystal <br /> � Bay neighborhood that is located on a corner lot with one of 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 /> extended 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 /> serve 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 /> 6. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <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 /> grants 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 %' fence is permitted, subject to the following conditions: <br /> 1. No portion of the fence shall encroach into the Minnetonka Avenue right-of-way. <br /> � . <br /> Page 3 of 5 � <br />