HomeMy WebLinkAboutResolution 3230 � �, =�,
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��� �G'�'� RESOLUTION OF THE CITY COUNCIL
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_ A RESOLUTION GRANTING A VARIANCE
TO MUNICIl'AL ZONING CODE
SECTION 10.23, SUBDIVISION 5 (A)
FILE NO. 1790
WHEREAS, the Minnetonka Center for the Arts (hereinafter "the applicant")
sought permission of Keith R. Erickson to install a directional sign on his residential properry
located at 2040 North Shore Drive within the City of Orono and legally described as follows:
Commencing at the southwest corner of Lot 6, Elbridge S Barnes, lst
Subdivision of Section 10, Township 117, Range 23 thence southeasterly
295.08 feet along the southerly line thereof thence southwesterly at right
angles 207.06 feet to the actual point of beginning thence at an angle to
the left of 9 degrees 09 minutes to the northerly line of County Road No.
� 51 thence east along said north line and the same extended to the shore of
Lake Minnetonka thence northeasterly along said shore line to its
intersection with a line parallel with and 207.6 feet southwesterly from the
southwesterly line of said Lot 6 thence northwesterly along said parallel
line to beginning ex highway. (P.I.N. 10-117-23 31 0002), Hennepin
County, Minnesota (hereinafter "properry"); and
WI�REAS, the applicant has applied to the City for a variance to Municipal
Zoning Code Section 10.23, Subdivision 5 (A) to pemut the installation of a directional sign at
8 feet in height on a residential lot for the purpose of providing direction to the Minnetonka
Center for the Arts where the zoning code would not permit such use.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1790.
2. The properry is located in the LR-lA Lakeshore Residential Zoning District.
3. The Orono Planning Commission reviewed this application on January 19, 1993
and recommended the unanimous approval of the proposed variance based upon
• the following findings:
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'�' RESOLUTION OF THE CITY COUNCIL
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A. The proposed sign shall meet all required standards for the installation of
signs within the City.
B. The Hennepin County Deparnnent of Transportation has selected the
location for the sign at the intersection of County Roads 15 and 51 finding
no restrictions on siting for vehicular users of the intersection.
4. The City Council finds that the conditions existing on this properry are peculiar
to it and do not apply 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 other 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 substantial properry
right of the applicant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
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5. The City Council has considered this application including the fmdings 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the fmdings noted above, the Orono City Council
hereby grants a variance to Municipal Zoni.ng Code Section 10.23, Subdivision 5 (A) to permit
the installation of a directional sign on a residential properry located at 2040 North Shore Drive.
for the benefit of the Minnetonka Center for the Arts, subject to the following conditions:
1. Applicant shall obtain an access easement from the owner of the subject property
to allow for the regular maintenance of the sign.
2. Applicant shall obtain a building permit from the City of Orono. The application
for a building permit shall include a site plan locating directional sign 5 feet from
all lot lines.
3. Authorities granted by this variance run with the properry not with the applicant,
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 (February 8, 1994).
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��� �G'�' RESOLUTION OF THE CITY COUNCIL
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4. 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.
5. The undersigned applicant and authorized agent of the Minnetonka Center for the
Arts and owner of the properry 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 properry.
Adopted by the City Council of the City of Orono, Minnesota at a regular meeti.ng
held on the 8th day of February, 1993.
AT ST:
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Dorothy M. al in, Ciry lerk Edward 7. Cal an, Jr., Mayor
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r pe O`wner (s)
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Authorized Agent o Minnetonka Center for the Arts
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 8th day of
February, 1993 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.
• CARGLE A HASEMAN �
NOTARY PUBLK'.-MIf�p1E80TA
i. f HENNEPIN COUN7Y Notary Public
A1Y CQN!.1:�SION EXPIRE9&23�86
.-,�....,...-.a-.,.�.o.o,o.i .
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- ��. - CITY of ORONO
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�� �'�'� RESOLUTION OF THE CITY COUNCIL
L�kESHOg'� NO. 3 2 3 0
STATE OF MINNESOTA )
) ss. �
COUNTY OF HENNEPIN )
On this �� � day of ��,6/'�r�r r' , 199�before me a Notary
Public within and for said county,personally appeared u/�h D. h'Ju r,��h s on, a u.�o n'Ze� ti qC�v�-f s-F
(�'I�nne�on�a Cen�-e�-�or-�-k�e I�r�s 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.
ti , LINDA S. VEE � � �/
NOTARY PUBLIC - MINNESOTA �/,�,�_
S �:� HENNEPIN COUNTY
� > �� � My commission expires &12-96 NO ARY PUBLIC
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aw
STATE OF MINNESOTA )
. ) ss.
COUNTY OF HENNEPIN ) �
On this I�� day of �-�/'r.t a r , 199 3 before me a Notary
Public within and for said county,personally appeare �P��G� ,�. �r.'�Ks on
m u r�-�e� 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.
�, �r,vr� �� ����: �Q ' ��
`" t�OTAP.Y ?UBLiC - uiI�1NESOTA
-�-�` Firn�r;EPi►v C^u�lTY NOT PUBLIC
� ;� +` 'dy co�hmission exF,ir:s 8-12-96
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� �:�.�� . RESOLUTION OF TI� CITY COUNCIL
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,�„ ., .�� �, NO.
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ESII
STATE OF MINNESOTA )
� ) ss.
COUNTY OF HENNEPIN )
On this ��.�- � day of �'.ebrcca� , 199 3 before me a Notary�
Public within and for said county,personally appeare �ecc n�� L, F�-`G�s B n �
yh 11 rr,'e� . 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. '
�/in..G�•,✓. ,� ��_�
• NOTARY PUBLIC
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
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