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HomeMy WebLinkAbout1994-10-10 Resolution 3476\� Nwl �'9kE9H0�, CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 347!3 A RESOLUTION GRANTING A VARMNCE AND CONDITIOi<:AL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 3 (A) AND SECTION 10.75, SUBDIVISION 1 FILE NO. 1913 NYHEREAS, Greg J. Truchinski (hereinafter the "applicant") resides at a property ov, ned by Whitney MacMillan (hereinafter the "owner") located at 1580 Fox Street within the Ciry of Orono (hereinafter "City") and legally described as: Lot 1, Block 2, MacMillan Addition, Hennepin County, Minnesota (hereinafter the "property"); and WHEREAS, the applicant has applied for an after -the -fact conditional use permit and variance application per Municipal Zoning Code Section 10.28, Subdivision 3 (A) to permit an existing tower/structure installed without the benefit of a building permit to remain on the property at a maximum 75' height to be located 32' from the west lot line instead of the required 75' . Minnesota: NOW, THEREFORE. BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #11913. 2. The property is located in the RR- 1B Rural Residential Zoning District requiring two acres in area. The property consists of 2+ acres. 3. The Orono Planning Commission reviewed this application on April 18, 1994 and recommended approval of the proposed conditional use permit and variance based on the following unique findings and 'hardships: a. All affected property owners have approved the location of the existing antenna/tower structure. Page : of c _M 0.ru 0 ;� CITY of ORONO '0 ... RESOLUTION OF THE C11+..NCIL 11� _ NO.347.6 ti \kEST<10 o. The structure could be placed on property meeting the required 75' setback from all lot lines. C. If structure was to be placed in a conforming location on the higher elevations to the north and west, tower would have greater visual impact on the adjacent residential property. d. Tke owner of the property and the adjacent property owner have agreed to execute agreements that would release the City from all liabilities should the structure in its present nonconforming location collapse and result in property damage. 4. 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 aranun- the variance would not adversely affect traffic conditions, light, air nar 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 applicant; and would be in keeping with the spirit and indent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow a 75' antenna/tower structure to remain in its present location will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire liaza-d 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 AIND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby °rants a conditional use permit and a variance to Municipal Zoning Code Section 10.28, Subdivision 3 (A) to allow the antenna/tower structure to remain at a 32' setback from the west lot line requiring a 43' or 57% variance and grants a conditional use permit for an independent antenna/tower structure to be at a maximum height of 75', subject to the following conditions: Page 2 of 5 w fum ar >- CITY of ORONO RESOLti TION OF THE CITY COUNCIL. NO.3476 1. Greg J. Truchinski, the applicant, si.,all obtain a building permit for the installation of the tower/antenna structure to bt installed at a 75' maximum heieht. 2 Greg J. Truchinski and Whitney MacMillan shall execute Hold Harmless Aureements and David MacMillan shall execute Covena,it Not To Sue. 3. The conditional use permit shall be valid through the applicant's, Greg J. Truchinski, tenancy of the property. Prior to applicant's moving or permanent relocation from this property, applicant shall be responsible for obtaining a demolition permit for the complete removal of the tower and base structure. 4. Authorities granted by this resolution run with the property not with the owner, 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 (October 10, 1995). 5. Violation of or lion -compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically ternil-late any authority granted herein, and shall be punishable as a .nisdemeanor. 6. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution. 7. The undersigned owner 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. Pagc 3 of 5 I- 5M "ow 7 + 0 AnEST: CITY of ORONO RESOLUTION OF THE CITY COLTNCM NO. 3476 Adopted by the Orono City Council on this loth day of October, 1994. h - va& , , orothy M. a lin, City Clerk Property Owneris) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) ward J. Callahan, Jr., Mo., n e—l— The foreE!oin2 instrument was acknowledged before me on this 10th day of October, 1994, by Edward J. Callahan, Jr. 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. Notary Public t LINDA S. VEE NOTAAv PUBLIC - MMESOTA �,- HENNEPIN COUNT/ .+y cornmissicn expires 6-12-96 Page 4 of 5 F—W0.6 011 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss. CITY of ORONO RESOLUTION OF THE CITY COUNCIL m On this ,;-'-d day of 199_ 1 , before me a Notary Public withinand forsaid County, personally appeared '- < i.c ch; ,-sk' e-, / '/ known to me to be the person(s) described in and who executed the foreg ing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. IINDA S. VEc NOTAPY PUBLIC - MINNESOTA y ` HENNEPIN COUNTY My "mmisslrn exp.res 6-12.96 STATE OF MINNESOTA ss. COUNTY OF HEI`,NEPIN of ry Public On this 7th day of November , 1994 , before me a Notary Public within and for said County, personally appeared Whitney MacMillan 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. C-Y"'KRNlKX+ ":OT.AY L:% t) h.—I.SEKt;E'JT,1 l 1 •: �� H:;v�E?�; COUNTYj Notary Pt lic r wvwwvw.nnv.r. w. ,v,rr.�•.•.vwr i . STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this day of , 199 , before me a Notary Public withLL--iand for said County, persunally 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 5 of 5 !w M M Oro.