HomeMy WebLinkAboutResolution 4171 ��
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'� RESOLUTION OF THE CITY COUNCIL
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A RESOLUTION DENYING A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.28, SUBDIVISION 5 (A)
FILE #2420
VVHEREAS, 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 regulations for the protection of the public
health, safety and general welfare; and
WHEREAS, Robert Ryan (hereinafter "the applicant") is owner of the properry
located at 3535 Christine Drive within the City of Orono (hereinafter "the City") and legally
described as follows:
. Lot 2, Block 1, Betz Addition, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, after due published notice and mailed notice in accordance with
� Minnesota Statutes and the City of Orono and Planning Codes, the Orono Planning Commission
held a public hearing on September 21, 1998, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon; and
WHEREAS, the applicant has applied to the City of Orono for a variance to
Municipal Z�oning Code Section 10.28, Subdivision 5 (A) to permit the construction of a 90' �G�w
wind tower for the purposes of producing electricity; and
� VVHEREAS, the City Council has reviewed the applicarion, the recommendations
of the City staff and the Planning Commission, and the comments and.written statements
subnutted by the applicant. .
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested variance as described above based on one or more of the
follo.wing fmdings of fact concerning this property:
FINDINGS �
• 1. This application was reviewed as Zoning File #2420.
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2. The property is located in the RR-1B Zoning District, where 2 acres or 87,120
s.f. is the minimum lot azea. The property consists of 1.62 acres or 70,881 s.f.
3. The Planning Commission reviewed this application on September 21, 1998 and
� reconunended denial on a vote of 6 to 0.
� 4. The use is prohibited in the Zoning District. The wind tower would require a
Zoning Code Amendment to allow wind structures as an accessory use. �
. 5. � The use and structure would be inconsistent with the development of the area.
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. 6. Neighboring properry owners located at 3505 Christine Drive and 60 Stubbs Bay
. Road are opposed to the granting of the variance. �
7.� The fact that the properiy has been subject to electrical power outages would not
• constitute an undue hardship as power outages are not unique to the applicant's
property, because they affect large areas.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
denies a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (A) for construction
of a 90' wind tower to be located on the property.
Adopted�by the City Council of the City of Orono on this 12th day of October,
1998.� .
ATTEST:
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� Linda S. Vee, City Clerk . Gabrie Jabbour, Mayor
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STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) �
The foregoing instrument was acknowledged before me on this 12th day of
October, 1998 by Gabriel Jabbour & Linda S. Vee, Mayor & City Clerk of the City of Orono,
a Minnesota municipal corporation and said instrument was executed on behalf of the City.
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. , Notary Public
,�""'• CAROLE A.HASEMAN
� ����� NOTARYPUBUC-MINhESOTA
e I`x:'e,• HENNEPIN COUNTY
ry.�.`.y���•��" My Commission Expires Jzn.31,2000 :
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