HomeMy WebLinkAbout#2290 Denial Resolution - no numberCITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ______ _
A RESOLUTION DENYING
A CONDITIONAL USE PERMIT
PER MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 21 (2) (C)
FILE #2290
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council
of the City of Orono has adopted zoning regulations for the protection of the public health, safety
and general welfare; and
WHEREAS, Steve and Elaine Silus (hereinafter "the applicants") are the property
owners of3235 Casco Circle within the City of Orono (hereinafter "the City") and legally described
as follows:
Lot 19, Spring Park, also all that part of vacated Lakeshore Avenue and of the tract ofland
lying between said vacated avenue and Lake Minnetonka which lie between the easterly
extensions of the northerly and southerly lines of said Lot 19; and (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for a conditional use permit per
Municipal Zoning Code Section 10.03, Subdivision 21 (2) (C) to permit grading within 5' of the
southerly property line to allow for a driveway and retaining wall to be located 2' from the property
line; and
WHEREAS, the Orono Planning Commission after due public notice held a public
hearing on January 20, 1998, to review the application, at which time the applicant, and all other
interested members of the public were allowed to comment on the proposed application; and
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
WHEREAS, the City Council has reviewed the application, the reports of the City
staff, the comments of the Planning Commission, and comments and written statements submitted
by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota, hereby denies the conditional use permit application as described above based on one
or more of the following findings of fact concerning this property and application:
FINDINGS
1. This property is located in the LR-lC, One Family Lakeshore Residential District
and consists of22,420 s.f. or .51 acres where a minimum of (1/2) one-half acre is
required.
2. The subject property received multiple variances on March 10, 1997, for average
lakeshore setback, hardcover in the 75'-250' and 250'-500' setback and structural
coverage as set forth in Resolution #3 851.
3. The subject lot does not meet the minimum lot width requirements for the LR-lC
Zoning District. The minimum lot width requirement is 100' measured at the 30'
street yard setback. The subject property lot width at the 30' setback is
approximately 57'.
4. The Planning Commission voted to deny the application as proposed based on the
following findings:
A There are alternative design options for locating the garage and driveway that
do not require a conditional use permit.
B. The Commission has heard testimony from adjacent property owners and the
neighborhood regarding adverse impact.
5. In review of the factual findings noted above, the Council finds that granting a
conditional use permit to allow grading within 5' of the property line is not in
accordance with the objective of the Zoning Code and the Comprehensive Municipal
Plan.
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CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. ______ _
6. The City Council finds that the proposed location of the grading for the purposes of
installing a driveway and retaining wall would have an adverse impact on the
adjacent property.
Adopted by the City Council of the City of Orono on this 26th day of January, 1998.
ATTEST:
Linda S . Vee, City Clerk
STATE OF MINNESOTA )
)
COUNTY OF HENNEPIN )
Gabriel Jabbour, Mayor
ss.
The foregoing instrument was acknowledged before me on this 26th day of January,
1998, by Gabriel Jabbour, & Linda S. Vee, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf of the City.
Notary Public
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