HomeMy WebLinkAbout#1027 Resolution 2024City of ORONO
RESOLUTION OF THE CITY co ' ITEM fft .S BEEN
NO. 2024 ilnlCROFI . AA .-., .. in 1l,~rn
A RESOLUTION GRANTING
A VARIANCE TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C)
FILE 11027
WHEREAS. Corinne G. Pillsbury (hereinafter "the applicant")
is the owner of the property located at 1200 Bracketts Point Road
within the City of Orono (hereinafter "City") and legally described as
follows:
Those parts of Lots 1 and 10, and of the abandoned parts of
Center Avenue and of the County Road as laid out on the plat of
Rearrangement of Orono Point described as beginning at the point
of intersection of the Westerly line of Lot 3 extended and the
extension of the North line of the South 100 feet of Lot l;
thence Northwesterly along the extension of said Westerly line of
Lot 3 to its intersection with the Southerly line of County Road
No. 7 as now laid out; thence Easterly and Northeasterly along
the Southerly line of said road to its intersection with the
extension of the North line of Lot 1; thence East to the
Northeast corner of Lot 1; thence Southerly along the Easterly
line of Lot 1 to its intersection with the North line of the
South 100 feet of Lot l; thence West to the point of beginning
all in Rearrangement of Orono Point, according to the plat
thereof on file or of record in the office of the Registrar of
Deeds in and for said County; (hereinafter the "property"); and
WHEREAS. the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) to
permit the construction of a 6 foot high wall within the street yard
of a lakeshore lot that is not adjacent to a major thoroughfare for a
distance of 125 feet where only a 3 to 3½ foot wal 1 is al lowed.
Now. THEREFORE. BE' IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1027.
2. The property is located in the LR-lA Lakeshore Residential
Zoning District.
3. The proposed variance, as amended by the Council, will create
no hazards or sighting problems for users of County Road 15 or
Bracketts Point Road.
Page 1 of 4
T I ,-
CityofOR ED
RESOLUTION OF THE CITY COUNCIL
NO. 2024
4. The_ property is located on a busy curved section of County
Road 15 requiring screening from noise and car lights along the
major roadway.
5. A privacy fence in excess of 3½ feet has been located
adjacent to the County Road and Bracketts Point Road for many
years on the property.
6. The structure is unique and to decrease the height within a
sing l e section of wall would destroy the integrity of the
structure.
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. The City Council finds that the conditions existing on this
property are peculiar to it and do not app ly 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 oth~r danger to neighboring property; 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 substantia 1 property right of the
applicant; 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
Counci l hereby grants a variance to the Municipal Zoning Code Section
10.03, Subdivision 15 (C) to amend applicant's original proposal and
to permit the construction of a 6 foot high wall within the street
yard of the property adjacent to Bracketts Point Road for a distance
of approximately 55 feet or up to the north side of the entrance
drive, subject to the following conditions:
1. Authorities granted by this variance run with the property
not with the app l icant, but are permissive only and must be
exercised by application for a building permit within one year of
the date of Council approval, or this variance will expire on
that date (July 28, 1987).
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RESOLUTION OF THE CITY COUNCIL
NO. 2024
2. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of the
zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
3. The undersigned applicant has 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 28th day of July,
Clerk
Property Owner(s)
Page 3 of 4
CityofORON
STATE OF MINNESOTA
COUNTY OF HENNEPIN
ss.
RESOLUTION OF THE CITY COUNCIL .
NO. 2024
On this 55:" kL day of .,_ ./ , 1986
before me a Notary Public within ~nd for sa 'd county, personally
appeared C ;,I\JJ.,1Vo C--O' Jt,,Lf known to me to be
the person ( s) described in and who . xecuted the foregoing
instrument , and acknowledged that he (they) executed the same as
his (their) free act and deed.
NO .. _; '1?UB_U . s ;;:; ~:PNRPFLAuM i ~~fi;, NOTARY PUBLIC-MI NN ESOTA
:C -:-:.;_~l -~ HENNEPIN COUNTY
; My Comm1ss1on Expires Nov 19, 1987 ;
o V\.r ./'v'\, VV\/V'V'/\, 'VVV\/\/\/Vv'\/'v'1'\''./'-/V\/'v V'VVV' ./ "
MY COMMISSION EXPIRES
STATE OF MINNESOTA
)ss.
COUNTY OF HENNEPIN)
On this--------,---,-day of----,--------' 1986, before me
a Notary Public within and for said County , personally appeared
known to me to be the
person(s) described in and ~ho executed the foregoinginstrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
NOTARY PUBLIC
MY COMMISSION EXPIRES
Page . 4 · of 4
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
)
CITY OF ORONO )
I Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin
County, Minnesota, do hereby certify that I have compared the
foregoing copy of a resolution of the City Council of the City of Orono
with the original record of such resolution in the Minut es of the·
proceedings of said.City Council at a meeting of said City Council held
on July 28 , 19 86 , and that the same is a true
and correct copy of said re solution was duly ad~pted by said City
Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this
12th , day of August , 19 86 ------------
(SEAL)