HomeMy WebLinkAbout#4193-denying variance-1998 ��--�
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; ��b. - CITY of ORONO
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'� RESOLUTION OF THE CITY COUNCIL
' . . ��`qkE Kp4L�'� NO. � 1 9.� .
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A RESOLUTION DENYING A VARIANCE
' � TO MUNICIPAL ZONING CODE
SECTION 10.03,SUBDIVISION 15 (D)
FILE#2422
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� WHEREAS, the City of Orono is a municipal corporation organized and existing
i under the laws of the State of Minnesota; and
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WHEREAS,pursuant to State Statutes 412 et. seq. and 462 et. seq.,the City Council
; of the City of Orono has adopted zoning regulations for the protection of the public health, safety
, and general welfare; and
, WHEREAS, Richard Gay (hereinafter "the applicant") is owner of the property
i located at 2735 Shadywood Road within the City of Orono (hereinafter "the City") and legally
. O described as follows:
; That part of Lot 26, "Pheasant Lawn" lying southeasterly of a line drawn parallel with the
i northwesterly line of said lot from a point on the northeasterly line of said lot 123.6 feet
; southeasterly, measured along said northeasterly line from the most northerly corner of said
Lot 26, according to the plat thereo�on file and of record in the office of the Registrar of
� Titles in and for said County and State. Also all of Tract U,except the Northeasterly 110 feet
' thereof, Registered Land Survey No. 415,Files of Registrar of Titles, County of Hennepin,
� Minnesota(hereinafter "the property"); and
; WHEREAS,the applicant has applied to the City for a variance to Municipal Zoning ,
� Code Section 10.03, Subdivision 15 (D)to permit the construction of a 6' fence within the average
� lakeshore setback where 3.5' is allowed. � �
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� WHEREAS,after due published and mailed notice in accordance with Minnesota
� Statues and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held
i a public hearing on October 19, 1998,at which time the applicant,his agents,and all other interested
' members of the public were allowed to comment on the proposed application; and
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WHEREAS,the City Council has reviewed'the application, the reports of the City
staff, the comments of the Planning Commission, and the comments and written statements
submitted by the applicant. •
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the variance as described above based on one or more of the following
findin�s of fact concerning this property and application:
FINDINGS
1. This application was reviewed as Zoning File#2422.
2. The property is located in the LR-1B Zoning District, where 1 acre or 43,560 sq. ft.
is the minimum lot area.
3. The lot would allow a 6' fence to be placed on the street side of the property.
4. The applicant's desire to place the dog run on the lakeside of the property was due to
future plans to place an addition to the home located over the portion of the lot that
w�ould allow a 6' fence, and to provide immediate access to the house.
5. The zoning code prohibits any fence structures from encroaching into the average
lakeshore setback over 3 1/2'.
6. The Planning Commission reviewed this application on October 19, 1998 and
recommended denial on a vote of 4 to 1.
A. The applicant has requested a variance to permit a 6' fence within the average
lakeshore setback where a 3 1/2' fence is allowed for the keeping of dogs on
the property. �
B. The requirement for a 6' fence is a result of the breed of dog the property
o�•ners intend to keep on the property. The zoning code requires a undue
hardship inherent in the land to grant a variance.
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C. There would be adequate space to allow a fenced area located outside of the
average lakeshore setback.
7. The applicant has recently purchased the property.
8. Granting of the variance would appear to serve as a convenience to the applicant and
applicant has not demonstrated any reasonable hardship or difficulty.
9. In review of the findings noted above the Council finds that granting a variance to
permit an average lakeshore setback for a 6' fence where a 3 1/2' fence is allowed
would be detrimental to the public health, safety and welfare; and would be in
conflict with the intent of the zoning code.
Adopted by the City Council of the City of Orono on this 9th day of November, 1998.
• ATTEST:
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i da S. Vee, City Clerk Gabri abbour, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) .
The foregoing instrument was acknowledged before me on this 9th day of November,
1998, by Gabriel Jabbour&Linda S. Vee, Mayor& City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City. ,
�_�,�,. JAMIE L.GEMAR
:�^' ` • NOTARYPUBUC-MINNESOTA '
• •Y ; : HENNEPIN COUNTY Nota y Public
'�,�•_•° M y Commission Expires Jan.31,2000
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