HomeMy WebLinkAboutResolution 5555 ..
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�� G~' RESOLUTION OF THE CITY COUNCIL
L�kEsI3�g'� NO. � � K K �
A RESOLUTION DENYING
A VARIANCE TO
MUNICIPAL ZONING CODE SECTION 78-1405(7)(a)
FILE No. 06-3248
WHEREAS, John Malcolm Hollander, a single person, (hereinafter
"Owner") is the owner of the property located at 200 Hollander Road within the City of
Orono (hereinafter "City") and legally described as: Lot 2 Block 1 HOLLY ACRES 3RD
ADDITION,Hennepin County,Minnesota(hereinafter "the property"); and
W�IEREAS, Owner has made application to the City for a variance to
Municipal Zoning Code Section 78-1405(7)(a) to allow a 56 inch high fence within the
required street yard where the maximum allowed height is 42 inches; 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 November 20, 2006, at which times all persons desiring
to be heard concerning this application were given 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#06-3248.
2. The property is located in the RR-1B zoning district, where 2 acres is the
� minimum lot area and 200 feet is tlie minimum lot width. The property is
approximately 2 acres in area and 260 feet in width.
3. The Plailning Commission reviewed this:application on November 20, 2006
and on a vote of 4 - 0 recommended denial of the variance, based on the
following findings:
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a. Granting the variance would be detrimental to public safety because it
• would liinit the amount of natural surveillance of the street by this property
and of this property by adj acent properties.
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b. The variance is not within the parameters for approving a variance found in
City Ordinance Section 78-123.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicant and the public, and the effect of the proposed variance on the
health,.safety and welfare of the community.
5. The City Council finds:
^ a. There are no conditions existing on this property that are peculiar to it and
that do not apply geilerally to other property in this zoning district. While
the house was granted a setback variance as part of subdivision approval,
the variance is less than a foot. Not being able to constnict a privacy fence
• between the house ancl the street occurs whenever a house is constructed at
the minimiun setback.
b. Granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the property. State statute does not a11ow consideration
of hardships that arise from the occupants of the property, such as a
disability or an extremely large family.
c. The variance is not necessaxy to preserve a substantial property right of the
Owtier. The Owner may create a large private area by erecting the
proposed fence at the required setback. The property satisfies the
requirements for lot width and area.
d. Granting the variance would be detrimental to public safety by limiting the
amount of natural surveillance of the street by this property and of this
property by adjacent properties.
e. Granting the variance would not be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City. Both the zoning
ordinance and the Comprehensive Plan call for preservation of the rural
character of properties in the Rural Residential zoning districts, especially
views. The presence of a tall, 100 percent opaque fence so close to the
• street is not in keeping with this goal.
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CONCLUSIONS AND ORDER
Based upon the above findings, the Orono City Council hereby denies the applicant's request
for a variance to Orono Municipal Zoning Code Section 78-1405(7)(a) to allow a 56 inch high
100 percent opaque fence when the maximum allowed height is 42 inches.
Adopted by the Orono City Council on this l lth day of December, 2006.
ATTEST: •
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• inda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF M]NNESOTA
� COUNTY OF HENNEPIN
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The foregoing instrument was acknowledged before me on this�day of,��`�,��
2006 by Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation
and said instrument was executed on behalf of the City.
�• f�ACH�L DODGE
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Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
j� The foregoing instrument was acknowledged before me on this�C�� day of
��C.QG�i�t�/�?�I2006 by Linda S. Vee, City Clerlc of the City of Orono, a Miruiesota municipal
corporation and said instrument was executed on behalf of the City.
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;'- �;�� RACHEL DODGE � C��•lti,2��C �G'G(
`�� -i NOTARY PUBLIC-MINNESOTA Notar Public
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