HomeMy WebLinkAboutResolution 1745 J , , .
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. � ��#�� � Cit� of ORONO
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� �' ��=�: RESOWTION OF THE CITY COUNCIL
�,'�:a�;� . NO: 1745
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� . � ��'� A RESOLUTION GRANTING A VARIANCE .
TO MUNICIPAL ZONING CODE
SECTION 10.40, SUBDIVISION 6 (E)
FILE NO. 898 .
� WHEREAS, Leroy Koehnen (hereinafter "the applicant") has an
interest in the property located at 3360 Shoreline Drive within the
City of Orono (hereinafter "City") and legally described as follow�:
That part of Lot 5, Block 3, Townsite of Langdon Park, described
as follows: commencing at a point on the South line of said Lot
•5, distant 112.0 feet East of the Southwest corner thereof;
thence angle left and Northwesterly 90 degrees 30 minutes a
distance of 127.6 feet; thence Northeasterly a distance of 118.95
feet more or less to the Westerly right-of-way line of County
Road #19 and at a point 285.0 feet Southerly of . the Northerly
line of said Lot 5, as measured on the Westerly right-of-way line
. of said County Road #19 ; thence Southeasterly on said Westerly
� right-of-way line a distance of 183.64 feet to the South line of
said Lot 5 ; thence West on said South line a distance of 178.18
• feet to the place of beginning.
. WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.40, Subdivision 6 (E) to
permit the construction of a canopy structure over an existing
gasoline pump island that will be located 26 feet from the right-of-
way of County Road No. 19 instead of the required 35 feet.
NOW, THEREFORE BE IT RESOLVED by the City Counci 1 of Orono,
Minnesota:
� FINDINGS
1. This application was reviewed as Zoning File No. 898
2. The property is located in the B-1 Retail Sales Business
District. •
3. The Orono Planning Commission reviewed this application on
March l8, 1985 and recommended approval of the proposed variance
based upon the following findings: .
a) The canopy structure is high enough off the ground so
that it will not create traffic visibility problems.
• b) The canopy structure is to be placed over an existing
gas pump island and if this structure was relocated so that
canopy would meet the required setback, it would create
� serious traffic flow problems for the service station
operation. _
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. Cit� of ORONO
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RESOLUTION OF�THE CITY COUNCIL ,
� � NO.. 1745
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. e City Council has considered this application including
e findings 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 arid welfare of the
community. .
5. The City Counci�l finds that the conditions existing on t:�is
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 applicant, but is
necessary to alleviate a demonstrable hardship or difficulty; is
necessary to perserve a substantial property right of the appli-
cant; and would be in keeping with the spirit and intent of the
Zoning Code and Comprehensive Plan of the City.
CONCLIISIONS, ORDER AND CONDITONS
• Based upon the above findings, the Orono City Council hereby
grants a variance to Municipal Code Section 10.40, Subdivision 6 (E)
to permit the construction of a canopy structure 26 feet from the
right-of-way of Coanty Road No. 19 instead of the required 35 feet
subject to the following conditions:
1. Authorities granted by this variance run with the property
not with the applicant, but are permissive on�y and must be
exercised by application for a building permit within one year of
the date of Council approval, or this variance wil expire on that
date (Apri 1 8, 1986 ). �
2. 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. �
3. The undersigned applicant has read, understood anc3 hereby
, agrees to the terms of this resolution and on behalf of himself,
his heirs, successors and assigns, hereby agrees to the recor-ding
of this resolution in the chain of title of the property.
Adopted by the City Council on this 8th day of April, 1985.
ATT ST: �
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othy . Hallin, City Clerk Mary C. B er, Niayor
Proper y Ow er
� � �� ` Cit� of OR,ONO
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`� RESOWTION OF�THE CITY COUNCIL
Q� -.�` � � 17 4 5
�.:~r�= NO:
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STAT� OF' MINNESOTA )
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COUNTY OF HENNEPIN ) -
O n t h i s ��___Y____ d a y o f _�P-/L, 19 8 5
before me a Notary Pub ic within and for sai.d county, personally
appeared ��y �,r��v�N known to me to be
the person (s ) described in and who executecl the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed. '
� � E�RON �
�°'°"� M��A uBPcG'N,,NNE,°�Y � �
.�=�.� • NHENNEp�E PG�V���,1°gTr NOTARY PUBLIC
• `'• y�� NMY Comm�sslon ��,eoe�"•"=�:
.`�r .
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MY COMMISSI N EXPIRES
STATE OF MII�I�ESOTA )
)ss .
COUNTY OF HENNEPIN ) •
On .this day of , 1985, before me
a Notary Public within and for said County, personally appeared
__�__________ knawn to me to be the
person(s) described in and who executed the foregoinginstrument,
and acknowledged that he ( they ) executed the same a�s his �
(their ) free act and deed .
' � NOTARY PUBLIC
• MY COMMISSION EXPIRES