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Home My WebLink AboutResolution 5027 4 • 1? . . � , O� . � . O �, O . s CITY of ORONO ,� ;-. � ti �� G�' . RESOLUTION OF THE CITY COUNCIL �kES�IOg' N0. _ � n � 'r� - A RESOLUTION GRANTING VARIANCES TO MiTNICIPAL ZONING CODE SECTION 10.55 SUBDIVISION 8 . I'ILE NO. 03-2922 �3�HEREAS, Michael W. Cashinan and Jennifer L. Cashman, liusband and wife, and Richard J. Migliori and Joan L. Migliori, husband &wife, (hereinafter"the applicants") are the owners of the property located at 1685 and 1655 Fox Street, � respectively within the City of Orono (hereinafter the "City") and legally described as follows,respectively: Lot 2,Block 1,Hanser Addition,Hennepin County, Minnesota Lot 3, Block l,Hanser Addition,Hennepin County, Minnesota � � , � (hereinafter the"property"); and �rVI3EREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 10.55 Subdivision 8 to allow the placement of address monuments within the 26' wetland setback where no structure is normally allowed. . 1�TOW, THEREFOIZE BE IT RESOg,�ED by the City Council of Orono, Minnesota: FINDINGS l. This application was reviewed as Zoning File#03-2922. 2. Tne property is located in the RR — 1B zoning district which requires a minimum lot size of 2 acres. The lot areas of the affected properties are conforming. 3. The Planning Commission reviewed this application at a public hearing held on July 21 and August 18, 2003 and recommended approval of tne � wetland setback variances based on the following findings: • Page 1 of 5 • ' + . i . � O� . O �, O � C ITY of ORONO � , � . .., ,. � �� G~' , RESOLUTION OF THE CITY COUNCIL L`�kEsKog'� rvo. 5 0 2 �' a. The residence structures on the properties are set back from the road substantially and are served by a private drive. , b. Wetlands and vegetation exist at the entrance to the private drive . causing sight visibility problems, and the need to demarcate the driveway. c. The existing private driveway runs through the wetland setback making is impossible to place any type of address marker at the drive entrance that wouldn't be located within the wetland setback. - 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. � • 5. The City Council finds that the conditions existing on these properties are peculiar to them 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 proper�y; would not inerely serve as a convemence to the . applicants, but is necessary to alleviate a demonstrable hardship or . difficulty; is necessary to preserve a substantial property right of the . applicants; 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 above findings, the Orono City Council hereby � grants wetland setback variances to Orono Municipal Zoning Code Section 10.55 Subdivision 8 to allow placement of address monuments within the required 26' setback, subj ect to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. . Any V amendments to the site plan which are not in conformity with City codes will � require further Planning Commission and City Council review. , �, � (: Page 2 of 5 ' , � . . 7� O'� . . O �, O 3 CITY of OR4N0 � - ;. � . , ti �� G'�' RESOLUTION OF THE CITY COUNCIL `�kEsKO�` _ No. 5 0 � �' 2. Authorities granted by this resolution run with the property not with the " applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance will expire on that date (August 25, 2004). 3. Violation of or non-compliance with any of the terms and conditions of this " resolution shall constihrte a violation of the zoning code, shall automatically . terminate any authority granted herein, and shall be punishable as a misdemeanor. � 4. The undersigned applicants have read, understand and hereby agree to the terms - � of this resolution and on behalf of the applicants and the applicants' heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25th day of August, 2003. � . - ATTEST: � , ��- � �� --___ Linda S. Vee, City Clerk Barbara A. Peterson,Mayor r , !: , � � Michael W. Cashman Je ifer . Cashman � (Property owners of 1685 Fox Street) � .�-� � - . � �, ��c �� • 'chard J. Miglion Joan L. Migliori _ (Property owners of 1655 Fox Street) � , • r.: Page 3 of 5 � �;. , O� . � • O �, O � � CITY of ORONO � , � � ti �� ~' RESOWTION OF THE CITY COUNCIL ��kEsYiOg'� . NO. � (� � `�' . � STATE OF MINNESOTA COUNTY OF HENNEPIN �-!h The foregoing instrument was acknowledged before me on this�� day of. �,L.C1�, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. RACHEL DODGE .�-��. . `��4 t�pQ'qRYpUBLiC-MiNNE?OTA . ;:�,;w.,,: � Notary Public M�r Cotnrt�ssion Expires Jan.31,2005 � . . �� . t,?,r."`"'"`",.-..—,�..:..- . .�::t.._ STATE OF MINNESOTA COUNTY OF HENNEPIN � � • The foregoing instrument was acknowled ed before me on this C-o da of n g — .. Y �u�� . � , 2003 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota murucipal corporation and said instrument was executed on behalf of the City. �-.�.��. �c�.� RACHEL DODGE Notary Public t-��z r NOTARY PU611C-MINNE?OTA i�.. My Commission Exp(res Jan.31,2005 �,E ,-a::.-�;.-�->� __�.;,;a-a.-�,-!' State of Minnesota ) � ) ss. County of Hennepin ) This instniment was acknowledged before me this ?nd day of QC�'D� , 2003 by Micheal W. Cashman,husband of Jennifer L. Cashman. �:.:�g��fw�:'� ' , ;��:;z JEANNE M.ATHEY �ti�� ..,y. 4.F...._... . ��. NOTARY PUBLIC-MiNiVESOTA '" MyCommission E�;pires 1-31-2005 Not Public • • Page4of5 - � O,�. . • � �. � � � z CITY of ORONO � - ._ � ,b ' � �� G~' . RESOLUTtON OF THE CITY COUNCIL ' �`�kEsKO4� N0. � 0 � � State of Minnesota ) ) ss. County of Hennepin ) . This instrument was acknowledged before me this Zi�c� day of �� , 2003 by Jennifer L. Cashman, wife of Micheal W. Cashman. t:sa., �g.=�� JEANNE M.ATHEY • '"'��'�`�= NOTARY PUBLIC-MINNESOTA � k�i�`„Fe?�;S^y.� y��ti� My Co��mission Expires 1-31-2005 N Public � �-=- State of Minnesota ) � ' • ) ss. County of Hennepin ) This instrument was acknowledged before me this Zrt�day of , 2003 by Richard J. Migliori,husband of Joan L. Migliori. 1Hf� � ��:i°`�n� JEANNE M.ATHEY - - s��x NOTARY PUBLIC-MINNESOTA f �3!��;'>�� ,:�,;. My Commission Expires 1-31-2005 No Pub11C State of Minnesota - ) ) ss. � County of Hennepin ) This instrument was acknowledged before me this day of I,X�Cb , � 2003 by Joan L. Migliori,wife of Richard J. Migliori. � ��.� .,.,...�.�.. . ,'�'""�'�- JEAN�l�F,�1.f�JHEY � � ��`; s.�F�ESOTA N Public ��",,:=�,� NOTARY - n;,r • 'y�..4��=tE''i v, - �,�_ Pr�� ;o+•. _:;t,r!,s 1-31-2005 .f__�+'.�r J�Yr�J' • � Page 5 of 5 ' - � a ��- - PROPOSED ENTRY MONUMENT . . D ETAIL FOR � . .�. . . �� -r� . � IN OUTLOT. 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