HomeMy WebLinkAboutResolution 5882 Im
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RESOLUTION OF THE CITY COUNCIL`9kESI'iOg�G NO. : 0 r -,
A RESOLUTION DENYING A VARIANCE
TO THE ORONO, MINNESOTA, CITY CODE
SECTION 78-1405
FILE NO. 09-3424
WHEREAS
Michael Ebertz and Donna Ebertz (husband & wife),
(hereinafter "the Applicants") are the owners of the Property located at 1220 Tonkawa Road
within the City of Orono (hereinafter the"City") and legally described as:
That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, II
lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line
described as follows: Beginning at a point on the easterly line of County Road No, 135
distant 1141.25 feet southeasterly along said easterly line from its intersection with the North
line of Lot 10, said Auditor's Subdivision; thence northeasterly 143.2 feet to a point distant
1004.29 feet south at right angles from the North line of said Lot 10; thence continuing
northeasterly on the extension of the last-described line to the shore of Maxwell's Bay, and
there terminating (hereinafter"the Property"); and
WHEREAS the Applicants have made application pp pp anon to the City of Orono for
variances to Orono Municipal Zoning Code Section 78-1405(8) in order to construct a gate
less than 40' from the paved edge of County Road 135 where a 40' gate setback is required;
and
WHEREAS, after dueublished notice and mailed notice
p in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on September 21, 2009, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED b the Cit Council of Orono
Y Y ,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File -
pp g e#09 3424.
1. The Property is located in the LR — 1B zoning district which requires es a
minimum lot area of 1 acre and a minimum lot width of 140 feet. The
Applicants' Property is 47,900 s.f. or 1.09 acres.
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL S�I04�G NO. '� 2 '42 2
2. The Planning Commission reviewed this application on September 21, 2009
and on a vote of 5 - 0 recommended denial of the variance to allow the gate
within the 40 foot setback, based on the following findings:
a. There are no conditions existing on this property relating to the gate that
are peculiar to it and that do not apply generally to other property in this
zoning district.
b. Granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the Property.
c. The variance is not necessary to preserve a substantial property right of the
Applicants.
3. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
CONCLUSIONS AND ORDER
Based upon the above findings, the Orono City Council hereby denies the Applicants' request
for a variance to Orono Code Section 78-1405.
Adopted b the r
p y Orono City Council on this 12th day of November, 2009.
ATTEST:
Linda S. Vee, City Clerk J es M. White, Mayor
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