HomeMy WebLinkAboutResolution 5224 .;, ,
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RESOLUTION OF THE CITY COUNCIL
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�kESI30� NO. � � � � .
A RESOLUTION DENYING A
VARIANCE PER MUNICIPAL ZONING CODE
SECTION 78-350 (B)
FILE #04-3044
WHEREAS, the City of Orono is a municipal coiporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City
Council of the City of Orono has adopted zoniiig regulation for the protection of tlie
public health, safety and general welfare; and
WHEREAS, Jeruzifer A. Simoii (hereinafter "the applicant") is the owner of the
property located at 3925 Cherry Avenue within the City of Orono (hereinafter "the City")
and legally described as follows:
• Lots 1 & 2, &in Lot 21, HICKORY HILL,Hennepin County , Minnesota
(hereinafter "the property"); and
WHEREAS, the applicant has applied to the City of Orono for a variance to
permit construction of an addition, requesting the following approvals:
l. Section 78-350 (b): To allow a rear yard setback of 20 feet when 30 feet
is normally required.
. WHEREAS, the City Council has reviewed the application; the recommendation
of the City staff and Planning Commission; and the comments and written statements
submitted by the applicant.
NOW, TH[ER�FORE, $E IT RESOI,VEID that the City Council of Orono,
Minnesota hereby denies the requested variance as described above based on one or more
of the following findings of fact concerning this property: .
1. The property consists of 0.39 acres, or 17,195 s.f. in land area.
2. The Zoning Ordinance specifically states in Section 78-1 that the front lot
• line on a corner lot "shall be the shortest dimension on a public or private
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. street." The lot line abutting Minnie Avenue is therefore the front lot line,
and the westerly lot line is the rear lot line.
3. The granting of the requested variance would be contrary to the provisions
of Municipal Zoning Code Section 78-123 with which the applicant inust
first comply in order that the variance be granted. The Council finds that:
a. The property in question can be put to a reasonable use if used under
the conditions allowed by the official controls if the proposed
variances were granted.
b. The plight of the landowiler was created by a misinterpretation of what
is coiisidered the front lot line for zoning purposes. However, even if
the applicant has inteipreted the ordinance correctly variances would
still be required under this cunent proposal. .
• c. Granting of the proposed variance would appear to serve as a
convenience to the applicailt and the applicant has not demonstrated a
reasonable hardship or practical difficulty acceptable to the City
Council.
d. The conditions of the Zoning Code limits iinposed and existing on this
property generally apply to all other land aild stnictures in the zoning
district in which this property is located as well as in adjacent
' residential zoning districts. �
4. The City Council has considered this application including the findings
and recommendations of the Planning Comtnission, reports by City staff,
comments by the applicant and the effect of the proposed variance on the
health, safety and welfare of the corrununity.
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RESOLUTION OF THE CITY COUNCIL
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Adopted by the City Council of the City of Orono on this 13��' day of September,
2004.
ATTEST:
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Linda S. Vee, City Clerk Barbara Peterson, Mayor
STATE OF MINNESOTA )
• ( ss.
COUNTY OF HENNEPIN )
The foregoing instruinent was acknowledged before me on this 13��' day of
September, 2004, by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City
of Orono, a Minnesota municipal�corporation and said instruinent was executed on behalf
of the City.
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JACKIE YOUNG ;� _
NOTARY PUBLIC-MINN[SOTA �S
� My Commission Expires Jan.31.2005 N �. UbI1C
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