HomeMy WebLinkAbout1988-11-23 Resolution 2493W-F-MEM11.1
City of ORO -NO
RESOLUTION OF THE CITY COUNCIL
NO. 2 49 3
A C`RSOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C) AND
SECTION 10.28, SUBDIVISION S (B)
FILE 81315
WHEREAS, Phillip Miller, an authorized agent of the Countryside
Manor Homeownei ' Association, (hereinafter "the applicant") has an
interest in the properties located at 2420 and 2435 Countryside Drive
within the City of Orono (hereinafter "City") and legally described as Lot
1, Block 1 and Lot 1, Block 2, Countryside Manor, Hennepin County,
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 (C) to permit the
installation of a wall monument at the entrance to the Countryside Manor
that measures 512" at the highest point instead of 316" requiring a 116"
variance and seeks a variance to Section 10.28, Subdivision 5 (B) as the
wall exceeds the allowed height of 34' the structure must be located 50'
from the street righ•:-of-way and is proposed 7' from the willow Drive
right-of-way requiring a 43' or 86% variance and is located 418" from the
Countryside Drive right -of -w requiring a 45'4" or. 901 variance.
Minnesota: NOW, THEREFORE, Bi& IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File 81315.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Conw-ission reviewed this application on August
15, 1988 and recommended approval of the proposed variances based upon
the following findings:
A) The structures do not present a hazard or interfere with
views at the intersection of willow Drive and Countryside Drive.
B) The majority of the monument structures meet the required 3�'
height allowance except for the posts located at the end of each
wall section.
4. The City Council hes considered this application including the
findings and recommendations of the Planning Commission, repots by
City staff, comments by the applicant and the effect of the proposed
variances on the health, safety and welfare of the community.
Paqe 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
N0,
2493
5. 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 toning 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 applicant, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicant; 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 upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municipal Zoning Code Section
10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit
the installation of wall monuments at the entrance to the Countryside Manor
that would require a height variance of 1'6" and a setback variance of 43'
or 86% from Willow Drive and 45'4" or 90% from Countryside Drive, subject
to the following conditions:
1. Applicant must obtain a building permit from the City of Orono for
the construction of the monument walls.
2. Applicant must execute a Hold Harmless Agreement, holding the City
harmless for any damage done to the wall as a result of maintaining
drainage within the public drainageways or maintaining the future
public roadway.
3. Authorities granted with this resolution run with the property not
with the applicant, but are permissive only and must be exercised by
application for a building permit within one year of the date of
Council approval, or this variance will expire on that date (August
22, 1989).
4. 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.
5. The undersigned applicant has read, understood and hereby agrees
to the terms of this resolution and on behalf of the Countryside Manor
Homeowners' Association, their heirs, successors and assigns hereby
agrees to the recording of this resolution in the chain of title of
the property.
Page 2 of 4
1988.
ATTEST:
7tx "I
J.
Property Owner(s
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2493
by the Orono City Council on this 12th day of September,
City Clerk Jam v
R. Grabe -, Maycr
Page 3 of 4
City of ORONO
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
RESOLUTION OF THE CITY COUNCIL
NO.
?493
On this '48� day of AJot , 198
before me a Notary Pub is ithi and for said county, personally
appeared Ke /7
known to me to be the person s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�"HAABWNWWOTA
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
I -L-9
MY COMMISSION EXPIRES
On this day of , 198_, before me
a Notary Public within and for said County, personally appeared
known to me to be the
person(s) described in and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
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