HomeMy WebLinkAboutResolution 5080 �.S y =��
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RESOLUTION OF THE CITY COUNCIL
�L`9kESII�g'�G NO. � o � �
A RESOLUTION DENYING .
VARIANCES PER MUIVICIPAL ZONING CODE �
SECTION 78-140�, SUBDIVISIOnT 2
FILE#03-2950
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, David A. Gross and Teresa L. Gross, husband and�vife, (hereinafter
"the applicants") axe the owners of the property located at 263� Countryside Drive West
within the City of Orono (hereinafter"the City") and legally described as follows:
• Lot 7, Block 3, Old Crystal Ba Road Addition Henne in Coun Minnesota
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(hereinafter"the property"); and
WHEREAS,the applicants have applied to the City of Orono for an after-the-fact
variance to permit a 2380 s.f. sport court, requesting the follow-ing approvals:
1. Section 78-1404, Subdivision 2: To allow 2,380 s.f. sport court to be
located within 6' of the side lot line where a 30' setback is required..
WHEREAS,the City Council has reviewed the application; the recommendation
of the City staff and Planning Commission; and the comments and written staiements
submitted by the applicant.
, NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested after-the-fact variance as described above based
on one or more of the follo�ving findings of fact concerning this property:
1. The property is located within the RR-1B Zoning District; requuuig a
' minimum lot area of 2.0 acres and minimum lot width of 200'.
2. The property consists of 2.047 acres, or 89,189 s.f. in land area. and has
� 303' of width.
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RESOLUTION OF THE CITY COUNCIL
��`�k'ESI304'�G NO. 9 � � � .
3. The Orono Planning Commission reviewed this application at a public
hearing held on November 17, 2003 at which time all interested parties
were allowed to speak regarding the variance request.
4. On November 17, 2003 the Orono Planning Commission by a vote of 5-1
recommended denial of the after-the-fact variance, finding no hardship
that would support approval of the request.
5. The sport court was constructed without prior City review or approval and
without proper construction permit.
6. The granting of the requested variance would be contrary to the provisions
of Municipal Zoning Code Section 78-123 with which the applicant must
first comply in order that 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 acceptable
to the City Council.
d. The conditions of the Zoning Code limits 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 .
residential zoning districts.
7. 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 community. �
8. As a result of the denial of the variance, the aforementioned sport court
must be removed by June 15, 2004.
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• '� � ,; , � CITY of ORONO
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��� �p�' . RESOLUTION OF THE CITY COUNCIL
�kES�IOg' NO. __ � �-�-J►
Adopted by the City Council of the City of Orono on this 24`� day of November,
2003.
� � ATTEST:
� J� ��, -- ----� :
Linda S. Vee, City Clerk Barbaza Peter_�on, 4iayor . . �
•
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instxument was acknowledged beforn me on this�y of
�, 2003, by Barbara Peterson&Linda S. Vee,Aiayor& City Clerk of the City
of Orono, a Minnesota municipal corporation and said 'ins�ument was executed on behalf
of the City.
�I�=�i ���Lil�y�
Notary Public
ALISSA A.WINTERNHEIMER
' NOTARY PUBLIC-MINNESOTA • •
Rr1y Commtssbn Expirs Jan.31,2006
•
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