HomeMy WebLinkAboutResolution 5294 �, ..
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�',� G'�' RESOLUTION OF THE CITY COUNCIL
��kESII�Sti`� . NO. � � � � �
A RESOLUTION DENYING
� VARIANCES PER MUNICIPAL ZONING CODE
� SECTION 78-419 (10) �
FILE#OS-3077 �
WHEREAS, the City of Orono is a municipal corporation 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 zoning regulation for the protection of the public health, safety
and general welfare; and
WHEREAS, Barry & Robin 0'Rourke (hereinafter "the applicants") are the owners of
the property located at 2300 �Sixth Avenue North within the City of Orono (hereinafter "the
. • City") and legally described as follows:
All that part of the Southwest Quarter(SW 1/4) of Section Twenty-Seven (27), Township
One Hundred Eighteen (118), Range Twenty-Three (23), beginning at the Quarter
Section post of the Southwest and Northwest Quarters of said Section Twenty-Seven
(27); thence running South on the Section line 36.3 perches to the Minneapolis and Forth
Ridgely Road; thence due North 33.1 perches to the Quarter Section line of the
Northwest and Southwest Quarter of said Section; and thence along said Quarter Section
line 60 �/4 perches to the place of beginning, except the West 300 feet thereof and except
roads, according to the Government Survey thereof Hennepin County, Minnesota.
(hereinafter "the property");
WHEREAS, the applicants have applied to the City of Orono for variances to permit a
horse lean-to shelter to be constructed less than 75' from the rear and side property lines,
requesting the following approvals:
1. Orono Municipal Zoning Code Section 78-419 (10): To allow construction of a
horse lean-to shelter to be constructed 45' from the side property line and 30'
from the rear property line where 75' setbacks are 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
• applicants.
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RESOLUTION OF THE CITY COUNCIL
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NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota
hereby denies the requested variances as described above based on one or more of the following
findings of fact concerning this property:
1. The property consists of 8.4 acres or 367,102 s.f. in land area.
2. Pursuant to Orono Municipal Zoning Code Section 78-419 (10), the construction
. of a structure to house or shelter horses must be located no less than 75' from all
property lines for non-commercial use.
. 3. The City Council has considered this application including the findings and
recommendations of the Plazuiing Commission, reports by City staff, comrnents
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community. �
• 4. The granting of the requested variances would be contrary to the provisions of
Municipal Zoning Code Section 78-123 with which the applicants must 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 landowner was created by the landowner.
c. Granting of the proposed variances would appear to serve as a convenience to
the applicants and the applicants have not demonstrated a reasonable hardship
or practical difficulty accep'table to the City CounciL
d. The conditions of the Zoning Code limitations imposed and existing on this
property generally apply to all other land and structures in the zoning district
in which this property is located as well as in adjacent rural residential zoning
districts.
As a result of the denial of the variances, the aforementioned illegal horse lean-to structure must
be removed no later than May 28, 2005 or within sixty (60) days of the adoption of this
resolution. Failure to remove the structure shall be considered a violation of the Zoning Code
. and is punishable as a misdemeanor. �
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RESOLUTION OF THE CITY COUNCI L .
��`�kESS�4�G NO. � � g � .
Adopted by the Orono City Council on the 28th day of Maxch,2005. .
ATTEST:
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Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was acknowledged before me on this 28th day of March, 2005
� by�Barbara A. Peterson,Mayor of the City of Orono, a Minnesota municipal corporation and said
instrument was executed on behalf of the City.
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� KRISTI B.ANDERSON ,a� , � �,,A��„�
_ NOTARYPUBLIC-MINNESOTA Notary Public
%:,,�;.�I My Commission Expires Jan.31,2007
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STATE OF MINNESOTA
CQUNTY OF HENNEPIN .
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The foregoing instrument was acknowledged before me on this 2�day of /' ��;�'G``
2005 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota municipal corporation and
said instrument was executed on behalf of the City.
�,,��.�'`��._ �vaCf��
+ � RACHEL DODGE Notary Public
' NOTARY PUBLIC-MINNESOTA ' �
�•.�;r My Commission Expires Jan.31,2010
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