HomeMy WebLinkAbout1986-07-28 Resolution 2028City of (�RONO
RESOLUTION OF THE CITY COUNCIL
yO. 2028
A RESOLUTION GRANTING
A VARIANCE TO
NZINICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C)
AND 10.03, SUBDIVISION 9 (D)
FILE #1054
WHEREAS. Steven Schnebly (hereinafter "the applicant") is
the owner of the property located at 2555 Countryside Drive within the
City of Orono (hereinafter "City") and legally described as fol lova:
Lot 4, Block 2, Countryside Manor, Hennepin County, Kinnesota
(hereinafter "the property"); and
MMSREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C)
and 10.03, 'Fubdivision 9 (D) to permit the construction of driveway
entrance walls 6 feet in heiyl,t in a front yard area where the maximum
fence or wall height normally allowed is 3.5 feet, and constitute an
accessory structure in a front yard where accessory structures are not
norma 11 y a I I owed.
NOW, THEASFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This appli::ation was reviewed as Zoning File #1054.
2. The property is located in the ::R -1B Single F.:nily Ruidl
Residential Zoning District.
3. The Orono Plann'ng Commission reviewed his application on
July 21, 1986, and recommended approval of the proposed variance
is.-3fed upon the following findings:
A) The walls do not obb_L_ .+- any road access 4.tl-rs and are
not a safety :razard.
4. The portion of wall exceeding thti 3.5 foot height stan3ard is
approximately 5 lineal feet on each side of4the driveway parallel
to Countryside Drive, and 5 lineal feat on each side of the
driveway perpendicular to Cour. de Dri ve. :,.e total length of
the front lot line along Courbr, �e Drive is t6' feet.
5. The wall is intended to he ornamental and ser, -es only an
aesthetic purpose.
Page 1 of 4
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
6. The City Council has considered this application including
the findings and recommendations of the Planning Commission,
reports by City staff, comments by the applicant and the effect
of the proposed variance on the health, safety and welfare of the
corrmunity.
7. 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 variance
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 righ* 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 CONDITION
Based upon the above findings, the Orono City Council heret•y
grants a variance to the Municipal Zoning Code Section 10.03,
Subdivision 15 (C) and 10.03, Subdivision 9 (D) to permit the
construction of driveway entrance walls 6 feet in height in a front
yard area where the maximum fence or wall height normally allowed is
3.5 feet, and which constitute accessory structures in the front yard
where accessory structures are not normally allowed, subject to the
following conditions:
1. Applicant shall obtain a building permit for the construction
of the walls.
2. Authorities granted by this variance 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 (July 28, 1987).
3. Violation of or non-compliance with any of the terms and
conditiors of this variance shall constit:,te a violation of the
zoning :-ode, shall automatically terminate any authority granted
herein, ind shall be punishable as a misdemeanor.
Page 2 of 4
1986
City of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2028
4. she undersigned applicant has read, understood and hereby
agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recording
of this resolution in the chain of title of the property.
Adopted by the Orono City Council on this 28th day of July,
TT
e
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City of OR ONO
r ,
RESOLUTION OF THE CITY COUNCIL
NO. 2028
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this 6,4wL, day of-V&.usr , 1986
before me a 14otary Public within and for said county, personally
appeared N ` N known to me to be
the persons) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
-his (their) free act and deed.
MICHAEL p. GAFI
1 NOTARY PUBLIC A !
HENNEPIN COUNrv,
TY9�,;t
C'MMIS on ES tr
k�
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
NOTARY PUBLIC
MY COMDIISSI N EXPIRES
On this �-7 'kL' day of 1986, before me
a Notary Public within and for said County, personally appeared
;'TL b'E �J C—� 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.
MICHAEL P. GAFFF�L
NpTAHY PUBO �plNps1y
1� COU,
HENNEPIN
S u•1„�•"
My Erb
NOTARY PUBLIC �
MY COMMISSION EXPIRES
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