HomeMy WebLinkAbout#5667 - denying variance �
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�� '� p~' RESO�UTION OF THE CITY COUNCIL
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A RESOLUTION DENYING A VARIANCE
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 07-3293
WHEREAS, Bruce Paddock (hereinafter "Owner") is the owner of the
property located at 1500 Bracketts Point Road within the City of Orono (hereinafter "City")
and le�ally described as: Lot 2 Block 1 Bracketts Point 2nd Addition, Hennepin County,
Minnesota(hereinafter "the Property"); and
WHEREAS, the George Stickney has made application on behalf of the
Owner to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 27
percent hardcover in the 75 to 250 foot zone when 25 percent is allowed; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on June 18, 2007, at which times all persons desiring to be
heard concerning this application were �iven the opportunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File#07-3293.
2. The Property is located in the LR-lA zoning district, where 2 acres is the
minimum lot area and 140 feet is the minimum lot width. The Property is 2.84
acres in area and 2�0 feet in width.
3. The Planning Commission reviewed this application on Au�ust 21, 2007 and
on a vote of 5 - 0 recommended approval of the variance based on the hardship
created by 54 percent of the lot being within the 0 to 75 foot zone.
4. The City Council has considered this application including the findinbs and
recommendation of the Planning Commission, reports by City staff, comments
–. — by the applicants and the public, and the effect of the proposed variance oti--ti�e � .
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health, safety and welfal-e of the communitv.
�. The City Council finds:
a. The house and appurtenances that could be constructed without the
variance would provide for reasonable use of the property�.
b. Not withstandin� the recommendation of the Planning Comnlissian,
�ranting �he variance is not necessar}� to alleviate a demc�nstrable hardship
or difficulty with the Propei�ty.
c. The variance is not necessar�� to preserve a substantial property ri�ht of the
Owner.
d. Grantin� the varianee would not be in keepin�� with the spirit and intent of
the Zonin� Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findinv�s, the Orono City Council hereby denies the applicant's
request for a variance to Orono Municipal Zoning Code Section 78-1288 to a11ow 27
percent hardcover in the 7� to 2�0 foot zone.
.Adopted by the Orono City Council on this 24th day of September, 2007.
.�TTEST:
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_(..%7/.�l�-a' �' !/! � ,l��Z.�<i,'�0/ �"y,r��r.4 rC.t'.,.
Linda S. Vee, City Cle�rk ,� at�es M. White, Mavor
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