HomeMy WebLinkAboutResolution 3272 6090442 CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTIONS 10.03, SUBDIVISIONS 9 (D) AND 14 (D)
FILE #1806
WHEREAS, Jon and Shirley Billigmeier (hereinafter "the applicants") are the
owners of the property located at 2935 Farview Lane within the City of Orono (hereinafter
"City") and legally described as follows:
Lot 9, Block 1, Farview, Hennepin County, Minnesota (hereinafter "the property"); and
WHEREAS, the applicants have applied to the City for variances to Municipal
Zoning Code Section 10.03, Subdivisions 9 (D) and 14 (D)to permit the construction of a tennis
court to be located 17' from the street lot line where a 50' setback is required and to be placed
in front of the principal structure where no such encroachment is allowed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1806.
2. The property is located in the LR-1A, Zoning District.
3. The Orono Planning Commission reviewed this application on April 19, 1993,
and recommended approval of the proposed variance based on the following
findings:
A The applicants' lot is limited by sloping topography as elevations to the
rear of the residence drop off steeply which would require excessive
amounts of fill to provide a stable base for the court.
TRANSFER ENTERED
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RESOLUTION OF THE CITY COUNCIL
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B. The removal of mature trees on this steeply sloping land to the rear of the
residence would eliminate the buffer from the residence on Lot 8 to the
immediate south.
C. Spruce trees immediately north of the proposed tennis court location
minimize impacting the surrounding neighborhood to the north, east, and
west.
D. No outside lighting may be used for this tennis court.
4. The City Council has considered this application including the findings and
recommendations of the Planning Commission, reports by City staff, comments
by the applicants and the effect of the proposed variance on the health, safety and
welfare of the community.
5. 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
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 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.
CONCLUSIONS, ORDER AND CONDITIONS
Based upon one or more of the above findings, the Orono City Council hereby
grants variances to the Municipal Zoning Code Section 10.03, Subdivisions 9 (D) and 14 (D)
to permit the construction of a tennis court to be located 17' from the street lot line and 33' in
front of the front line of the residence, subject to the following conditions:
1. The applicant is required to submit a grading and drainage plan as well as clearly
fence off the future drainfield site prior to the issuance of a building permit.
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RESOLUTION OF THE CITY COUNCIL
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2. The site topography limitations will require a retaining wall between the tennis
court and the future drainfield site in order to better direct drainage away from
the drainfield site.
3. Authorities granted by this resolution run with the property not with the
applicants, 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 (May 10, 1994).
4. 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.
5. 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 10th day of May, 1993.
A T .
1�ro in C k ward J. Call an, Jr., Mayor
Pro rty NV e
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O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
the foregoing instrument was acknowledged before me on this 10th day of May,
1993, by Edward J. Callahan, Jr. & Dorothy M. Hallin, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the
City.
AgftCAR=a KMEMM
IWAN
HENNE � f ft Notary Public
Mr OOMMMON EXPIRES 8,13
My Commission Expires
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O O CITY of ORONO
RESOLUTION OF THE CITY COUNCIL
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ESS
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this _ day of _ , 1993 before me a Notary
14iblic within and for said county,personally a ' eared— , -4 �-
known to me to be th person(s) de cribed in and wh8 execu ed
the foregoing inftrument, and acknowledged that he (they) executed the same as his (their) free
act and deed.
0BOSMA
u�,wri�au► (
NY 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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F"5W5 ask Orom
RESOLTUION
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 thle City. Council of the Ci } v of r,rono
with the original record of such resolution in the Minutes of the
proceedings of said City Council at a meeting of said City Council held
on _ May 10 , 1993 , and that the same is a true
and correct copy of said resolution was duly adopted by said City
Council at said meeting .
In Witness Whereof , I have hereunto set my hand and seal this
12th day of May 1993
0 othy MCal lin , City Clerk
(SEAL)
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6090442
4JUN93 3:34 86090442 SCD $2.00
4,.U 9f9:34 86090442 DOC $15.00
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