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HomeMy WebLinkAbout1986-12-08 Resolution 2101City of ORONO RESOLUTION OF THE CITY COUNCIL { NO. 2101 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.24, SUBDIVISION 3 (A) AND CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.75, SUBDIVISION 2 FILE i1087 WHEREAS, Royetta I. Marcotte and David W. Anderson (herein- after "the applicants") have an interest in the property located at 060 Forest Arms Lane within the City of Orono (hereinafter "City") and legally described as Lot 3, Block 1, Forest Arms (hereinafter "property")= and WHEREAS, the applicant has made application to the City of Orono to permit the installation of a radio antenna requiring a conditional use permit because the structure exceeds 30 feet in height per Section 10.75, Subdivision 2 and per Section 10.24, Subdivision 3 (A) seeks a side setback variance because the structure is 45 feet from the lot line instead of the required 58 feet. NOW, THEREFORE, DE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1087. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The property is approximately 1 acre in area. 4. The Orono Planning Commission reviewed this application on November 17, 1986, and recommended approval of the setback variance of 13 feet per Zoning Code Section 10.24, Subdivision 3 (A), and recommended approval of a conditional use permit for the antenna structure at 58 feet in height based on the following findings: A) The proposed antenna structure will meet the 58 feet setback from all lot lines except for the west lot line. The structure will be 45 feet from the west lot line but 75 feet from the0adjacent residential structure. Page 1 of 5 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2101 B) The visual impact of the structure is lessened by the location of the antenna on the property adjacent to the house and the higher northern elevations of the property adjacent to the County Road. C) The structural soundness of the design of the antenna and placement have been confirmed by the City Engineer. D) Applicant's residence and all improvements on the property and covered by liability insurance at $100,000.00 limit. 5. The City Council finds that the conditions existing on this property are peculiar to it 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 properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cants and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the antenna structure at 58 feet in height will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose 3 fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 a conditional use permit per Section 10.75, Subdivision 2 to allow the applicants to install a 58 feet high antenna and a side setback variance of 13 feet per Section 10.24, Subdivision 3 (A) to al low the structure to be placed 45 feet from the west lot line instead of the required 58 feet subject to the following conditions: 1. The permit is issued for the sole amateur use of David W. Anderson while he resides at the property. The antenna structure must be dismantled and substructure/footings to be filled when Mr. Anderson no longer resides at the property. Page 2 of 5 City of ORONO RESOLUTION Of THE CITY COUNCIL NO. 2101 1. j .:.M 2. Applicant must provide an acknowledgement form from all the affected neighbors confirming for the City that the neighbors are aware of the proposal. 3. Applicant must install a shield at grade around the base of the antenna to be completed at the time of the final inspection by the building inspector. 4. Applicant shall execute a hold harmless agreement that would release the City from all liabilities created by the structural failure of the radio tower. 5. Authorities granted by this resolution run with the property not with either the owner or applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or the special conditions of this resolution will expire on that date (December 8, 1987). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any auth)rity granted herein, and shall be punishable as a misdemeanor. 7. The undersigned owner and applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 8th day of Mary C. Butler, Mayor Page 3 or 5 City of OR ONO RESOLUTION OF THE CITY COUNCIL NO. 2101 STATE OF MINNESOTA COUNTY OF HENNEPIN On this 6 �` day of k (-0 `{ 1 , 198 before me a Not ry Public within and for said county, personally appeared known to me to be the persons described n And who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY"PUBLIC 9- 91--9Q, MY COMMISSION EXPIRES STATE OF MINNESOTA ) )so. COUNTY OF HENNEPIN ) On this day of , 198 , before me a Notary Public within and for said County, personally appeared known to me to be the person •described n and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 4 of 5 City of ORONO STATE OF MINNESOTA SS. COUNTY OF HENNEPIN •- RESOLUTION OF THE CITY COUNCIL NO. 2101 On this ) `` day of v�'-� �'~�'�-�� , 1986 before me a Notary Public within and for said county, personally appeared #Ck known to me to be the persons dedcribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC 0 /a' MY COMMISSION EXPIRES STATE OF MINNESOTA )so. 10 COUNTY OF HENNEPIN ) On this day of , 199 , before me a Rotary Public within and for said County, personally appeared known to me to be the persons) descrIbed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES Page 5 of 5