HomeMy WebLinkAbout#07-3293 Resolution 5667CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5 6 6 7
A RESOLUTION DENYING AV ARIAN CE
TO MUNICIPAL ZONING CODE
SECTION 78-1288
FILE NO. 07-3293
WHEREAS, Bruce Paddock (hereinafter "Owner") is the owner of the
property located at 1500 Bracketts Point Road within the City of Orono (hereinafter "City")
and legally described as: Lot 2 Block 1 Bracketts Point 2nd Addition, Hem1epin County,
Minnesota (hereinafter "the Prope1iy"); and
WHEREAS, the George Stickney has made application on behalf of the
Owner to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 27
percent hardcover in the 75 to 250 foot zone when 25 percent is allowed; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning
Commission held a public hearing on June 18, 2007, at which times all persons desiring to be
heard concerning this application were given the opp01iunity to speak thereon.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #07-3293.
2. The Property is located in the LR-IA zoning district, where 2 acres is the
minimum lot area and 140 feet is the minimum lot width. The Property is 2.84
acres in area and 250 feet in width.
3. The Planning Commission reviewed this application on August 21, 2007 and
on a vote of 5 -0 recommended approval of the variance based on the hardship
created by 54 percent of the lot being within the Oto 75 foot zone.
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 vaiiance on the
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 5667
health, safety and welfare of the community.
5. The City Council finds:
a . The house and appurtenances that could be constructed without the
variance would provide for reasonable use of the prope1ty.
b. Not withstanding the recommendation of the Planning Commission,
granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the Prope1ty .
c. The variance is not necessary to preserve a substantial propetty right of the
Owner.
d . Granting the variance would not be in keeping with the spirit and intent of
the Zoning Code and Comprehensive Plan of the City.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon the above findings , the Orono City Council hereb y denies the applicant 's
request for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 27
percent hardcover in the 75 to 250 foot zone.
Adopted by the Orono City Council on this 24th day of September, 2007 .
ATTEST:
Linda S. Vee , City Clerk
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