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Home My WebLink AboutResolution 3925 O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL isuo G NO. 3 9 2, A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.20, SUBDIVISION 4 (H)(1)(a)(e) AND A CONDITIONAL USE PERMIT PER SECTION 10.20, SUBDIVISION 4 (I)(2) FILE NO. 2246 WHEREAS, Donald J. Currier, Jr. and Margaret A. Currier (hereinafter the "applicants") are the owners of the property located at 60 Cygnet Place within the City of Orono (hereinafter "City") and legally described as follows: Lot 3, Block 2, Swan Lake Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicants have applied to the City for variances from Municipal Zoning Code Section 10.20, Subdivision 4 (H)(1)(a)(c)to install a retractable nesting antenna with a concrete base and 65' antenna tower with a maximum height of 70' for amateur radio communications. Variances for side yard to be reduced from the required setback of 70' to 55.26' along the north property line; and for height to increase from 65' to 70' are required. A conditional use permit for an amateur short wave radio antenna and tower that does not meet the conditions for an accessory antenna is required. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2246. 2. The property is located in the RR-IB One Family Rural Residential Zoning District where the minimum lot area requirement is two acres. 3. The Orono Planning Commission reviewed this application on June 16, 1997 and recommended unanimous approval of the proposed variances and conditional use rmit based upon the following unique findings and hardships: gTRANSFER ENTO HENNEPIN COUNTY TAXPAYER SERVICES AUG 22 Page 1 of 4 NE IN BY 0 0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL �9kESH0 NO. 3925 a. The zoning lot does not conform to lot width, lot area or front yard requirements for the RR-1B zoning district. b. The location that would meet the 70' setback from both the north and south property lines has mature trees. C. The topography of the lot slopes away from the residence towards a wetland at the rear of the property. d. The mature trees will provide a visual screen for the antenna from the north and south views. 4. The Council fords 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 variances 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the antenna structure at 70' will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use 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 variances for side yard setback and height, and a conditional use permit per Municipal Zoning Code Section 10.20, Subdivision 4 (H)(1)(a)(c) and Section 10.20, Subdivision 4 (H)(2) to allow the installation of an antenna at a maximum height of 70', subject to the following conditions: Page 2 of 4 0 0 CITY of ORONO C) RESOLUTION OF THE CITY COUNCIL �9kESH0 NO. 322 .5 1. The permit is issued for the sole amateur use of the applicant while he owns the property. 2. The antenna structure shall be dismantled, and substructures and footings to be removed or filled when the applicant is no longer residing in or owns the property. 3. The applicant shall obtain a building permit for the antenna structure. 4. The antenna will not be extended to the full height when not in use. 5. Authorities granted by this resolution run with the property not with the owners, but are permissive only and must be exercised by application for a building permit permit within one year of the date of Council's approval, or the special conditions of this resolution will expire on that date (July 14, 1998). 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 authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Adopted by the Orono City Council on this 14th day of July, 1997. A EST: PtYr-othy llin, City Clerk Gab 'el Jabbour, or Property O ner(s) f Page 3 of 4 �O ' Y O O CITY of ORONO RESOLUTION OF THE CITY COUNCIL t9kESH0g� NO. 8925 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 14th day of July, 1997 by Gabriel Jabbour and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation, and said instrument was executed on behalf of the City. • A CAROLE A.HASEMAN NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My CnmrOssion E,r Notary Public STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this &, day of ��, /,, , 1990 , before me a Notary Public w,r� within and for said County, personally appearedR6Ij,T Qyrr.tr 7r..L arq---1 A. C'ver;en, known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. CAROLE A.-WS EM iO NOTARY PUBLIC-MINNESOTA • HENNEPIN COUNTY Nota Public My Cw nissw Expires Jon.V.2nW rY STATE OF MINNESOTA ) SS. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public within and for said County, personally appeared known to me to be the person(s) 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 Page 4 of 4 R " RESOLUTION # s 9 2 5 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 Minutes of the proceedings of said City Council at a l held on 1997e, and ting othat the same is af said City otruel and correct July 14 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this , day of , 19-- -L Dorothy M. jja , City Clerk (SEAL) 2838230 REGISTERED VOL PAGE Q' 22 OFFICE OF THE REGISTRAR OF TITLES HENNEPIN COUNTY,MINNESOTr CERTIFIED FILED ON AUG 2 51997 Aw ® �( &oa.ra.' , REGISTRAR 7F TITLES 8Y DEPUTY