HomeMy WebLinkAbout#2838 - Variance 1
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RESOLUTION OF THE CITY COUNCIL
� NO. 2838
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A RESOLIITION GRANTING
A VARIANCE TO
MiTNICIPAL ZONING CODE
SECTION 10.75, SUBDIVISION 4 (B)
AND SECTION 10.03, SDBDIVISION 15 (C)
FILE #1445
WHEREAS , Gregory C. Peterson (hereinafter "the
applicant" ) is the owner of the property located at 1355 Arbor
Street within the City of Orono (hereinafter "City") and legally
described as Lot 2 , Block 2 , Markville , Hennepin County ,
Minnesota (hereinafter "the property") ; and
Wfl EREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.75, Subdivision 4
(B ) and Section 10 . 03 , Subdivision 15 ( C ) to permit the
installation of 5'+ privacy fencing where only 3�' high fencing
is allowed within the front yards of the through lot bordered by
Briar Street to the west and Arbor Street to the east. Privacy
fencing within Briar Street yard shall be placed 0' from the
street lot line and 34 ' from the Arbor Street lot line instead of
the required 50' setback.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1 . This application was reviewed as Zoning File #1445 .
2. The property is located in the RR-1B Single Family
Rural Residential Zoning District requiring 2 acres in area.
3. The Orono Council reviewed this application on December
11, 1989 and July 23 , 1990 and recommended approval of the
proposed variances based upon the following findings:
A) As approved, the privacy fencing will not create a
visual impact or "boxing in" of the property.
B) The applicant's insurance carrier will require
fencing around the pool in the Briar Street yard.
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Cit o� ORONO
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• NO. 2838
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4 . The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the applicant
and the effect of the proposed variances 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
variances 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 property right of the applicant; 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 findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10 .75 , Subdivision 4 ( B ) and Section 10 . 03 ,
Subdivision 15 (C) to permit the installation of privacy fencing
at a 5'+ height to be installed within the front yards of the
through lot adjacent tv Briar Street and Arbor Street, subject to
the following conditions :
l. Applicant/owner has agreed to omit every other picket
leaving an open space in its place in order to minimize
visual impact of privacy fencing.
2. Authorities granted by this resolution run with the
property not with the applicant, but are permissive only and
must be exercised by installing the fencing within one year
of the date of Council approval , or this variance will
expire on that date (July 23, 1991).
3. 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.
4. The undersigned applicant 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.
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``��-� RESOLUTION OF THE CITY COUNCIL
� ,. . .
�'" NO. 2838
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 23rd day of Ju,�y,
1990.
ATT ST:
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�,r� i f �_'
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Do othy llin, City Cle�.k. James�. Grabek,
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�--r��.C�Q-�'L,6LE. '-�-�t:��(�v"1 �:
Proper Owner(s ) c =
STATE OF MINNESOTA )
) ss .
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 23rd day of July, 1990, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnescta
municipal corporation and said instrument was executed on behalf
of the City.
�, THERESA L. NAAB � �����'�
�r NOTARV PUBLIC - MI�N_SOTA � �
�����,�' HENNEPIN COUNr� Notary Public
�Ay Commission expiras 9-0-92
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City o� ORONO
RESOLUTION OF THE CITY COUNCIL
' NO. 2838
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STATE OF MINNESOTA )
) ss. -
COUNTY OF HENNEPIN )
On this �1rC� day of �.t � �-- , 199�
before me a Notary Publ ' within and f sa ' county, personal y
appeared �,`Y ' t l� '�
known to me to be he person(s � described in and who executed tne
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free �ct and deed.
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NO
�"��-'�'� THERESA L. NAAB
��i NOTARY PUBLIC- MINNESOTA
���"°�K��` HENNEPIN COUNTY
Y "� My commission expires 9-8-92
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
) Ss.
COUNTY OF HENNEPIN )
On this 15�' d�y of {�,t �S� , 199 � , before me �
Notary, Publi� w�hin an�,for s ' d County, personally �ppeared
�h known to
me to be tne person ( escrl ed in �nd who executed the
foregoing instrument , and acknowledged that he (they) executed
the s�me as his (their) free �ct and deed.
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NOTA
THERESA L NAAB
fqTARY PUBLIO- MINNESOTA
�EN��N�
MY COMMISSION EXPIRES
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