HomeMy WebLinkAboutResolution 6533'rte - r �� T, . *-t
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
SETBACK AND HARDCOVER VARIANCES
FROM ORONO MUNICIPAL CODE
SECTIONS 78-1680 & 78-1405 (8) a 4)
FILE NO. 15-3753
6533
WHEREAS, the City of Orono, a Minnesota municipal corporation, (hereinafter
the "Applicants") are the owners of Lydiard Beach within the City of Orono (hereinafter "City")
(hereinafter "the Property"); and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-1680 to permit the addition of hardcover in the form of a split
rail fence where a no additional hardcover is permitted; and
WHEREAS, the proposed hardcover is 58 square feet over the existing hard
cover; and
WHEREAS, the Applicants have made application to the City for a variance
from Orono City Code Section 78-1405 to permit construction of a fence as close as 30 feet
from the ordinary high water level (OHWL) of the lake where a 75 foot setback is required; and
WHEREAS, after due published notice in accordance with Minnesota Statutes
and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing
on July 20, 2015, at which times all persons desiring to be heard concerning this application
were given the opportunity to speak thereon.
WHEREAS, after due mailed notice in accordance with Minnesota Statutes and the Orono,
Minnesota, City Code, the Orono City Council held a public hearing on August 10, 2015, at
which times all persons desiring to be heard conceming this application were given the
opportunity to speak thereon.
NOW, THEREFORE BE IT RESOLVED by the City Council of Orono,
Minnesota:
1. This application was reviewed as Zoning File #15-3753..
2. The Planning Commission reviewed this application on July 20, 2015, the Planning
Commission voted 6 in favor and 0 opposed on a motion to approve the hard cover and
fence encroachment variances; based on the following findings:
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ITT OFF O R-ODN O
RESOLUTION OF THE CITY COUNCIL
NO. 6533
a). The Property is not a building site, it is platted right of way being used for public
purpose.
b). The improvements are intended to protect the public from unintended
encroachments of the beach area or the channel from parking lot traffic.
c). The variance to allow construction fencing on the Property which is substandard
with respect to area and width will alleviate a practical difficulty inherent to the
Property and was not created by the Applicants.
d). The Applicants' proposal results in a minor increase of hardcover of 58 square
feet.
e). The proposed improvements are consistent with Park Commission plans for
system wide consistency are not out of character with the neighborhood.
f). The proposed improvements are consistent with Section 78-1684 standard
hardcover exclusions, hardcover encroachments intended for the public's
benefit.
g). The variance to construct the fence is in harmony with the general intent and
purpose of the Ordinance, which is to preserve health and safety.
h). The variance to permit improvements to a public the park in a residential district
is consistent with the comprehensive plan.
i). The Applicants propose to use the property in a reasonable manner not
permitted by the official controls;
j). The circumstances unique to the Property were not created by the landowners.
k). The granting of the proposed variances will not in any way impair health, safety,
comfort or morals, or in any other respect be contrary to the intent of this
chapter.
1). The granting of the requested variances will not merely serve as a convenience
to the Applicants, but is necessary to alleviate demonstrable difficulty.
3. The City Council considered this application at meetings held on August 10, 2015
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CITY OF Geozit-,To
RESOLUTION OF THE CITY COUNCIL
NO. 6533
including the findings and recommendations of the Planning Commission, reports by
City staff, comments by the Applicants and the public, and the effect of the proposed
variances on the health, safety and welfare of the community as well as the impact on
properties in the vicinity.
4. The City Council finds that the conditions existing on this Property are peculiar to it and
do not apply generally to other property in this zoning district; that granting the
variances would not adversely affect traffic conditions, light, air nor pose a fire hazard
or other danger to neighboring property; would not merely serve as a convenience to
the Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve
a substantial property right of the Applicants; and would be in keeping with the spirit
and intent of the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based on the above findings, City Council of Orono, Minnesota hereby grants a variance from
Orono City Code Section 78-1680 to permit additional hardcover in the 75' lake yard where
none is permitted; a variance from Orono City Code Section 78-1405-8-a-4 to permit
construction of split rail fence as close as 30 feet from the OHWL of the lake where a 75 foot
setback is required,subject to the following conditions:
1. Council approval is based on the plans submitted by the Applicants and annotated by
City staff, attached to this Resolution as Exhibit & Any amendments to these plans
may require further Planning Commission and City Council review.
2. Violation of or non-compliance with any of the terms and conditions of this resolution
shall constitute a violation of the zoning code, shall automatically terminate any
authority granted herein, and shall be punishable as a misdemeanor.
3. The undersigned Applicants have read, understand and hereby agree to the terms of
this resolution and on behalf of their heirs, successors and assigns, hereby agree to
the recording of this resolution in the chain of title of the Property.
Adopted by the Orono City Council on this 10th day of August, 2015.
ATTEST:
btm're Tiegs, City Clerk
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Lili Tod McMillan, Mayor