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HomeMy WebLinkAboutResolution 566714�- CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 5 6 A RESOLUTION DENYING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1288 FILE NO. 07-3293 WHEREAS, Bruce Paddock (hereinafter "Owner") is the owner of the property located at 1500 Bracketts Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 2 Block 1 Bracketts Point 2nd Addition, Hennepin County, Minnesota (hereinafter "the Property"); and WHEREAS, the George Stickney has made application on behalf of the Owner to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 27 percent hardcover in the 75 to 250 foot zone when 25 percent is allowed; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on June 18, 2007, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #07-3293. 2. The Property is located in the LR-lA zoning district, where 2 acres is the minimum lot area and 140 feet is the minimum lot width. The Property is 2.84 acres in area and 250 feet in width. 3. The Planning Commission reviewed this application on August 21, 2007 and on a vote of 5 - 0 recommended approval of the variance based on the hardship created by 54 percent of the lot being within the 0 to 75 foot zone. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance o"he Page 1 of 2 04`0�'0 �l ;:�6)1) CITYof ORONO RESOLUTION OF THE CITY COUNCIL NO. 5667 health, safety and welfare of the community 5. The City Council finds: a. The house and appurtenances that could be constructed without the variance would provide for reasonable use of the property. b. Not withstanding the recornmendation of the Planning Commission, granting the variance is not necessary to alleviate a demonstrable hardship or difficulty with the Property. C. The variance is not necessary to preserve a substantial property right of the Owner. d. Granting the variance would not be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby denies the applicant's request for a variance to Orono Municipal Zoning Code Section 78-1288 to allow 27 percent hardcover in the 75 to 250 foot zone. Adopted by the Orono City Council on this 24th day of September, 2007. ATTEST: zc� Linda S. Vee, City Cleric 6.a eA�ftwhite—� , Mayor Page 2 of 2