HomeMy WebLinkAboutResolution 1860 ,_ ,.: �� ,
d Cit o� ORONO
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• � RESOLUTION O�THE CITY COUNCIL
� NO. 1860
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A RESOLUTION GRANTING
A VARIANCE TO
� MUNICIPAL ZONING CODE
_ SECTION 10.03, SQBDIVISION 9 (C)
FILE #960
� WHEREAS, Lakeview Golf of Minnetonka, Inc. (hereinafter
"the applicant") is the owner of the property located at 409
North Arm Drive within the City of Orono (hereinafter "City")
described generally as P.I.D. No. 06-117-23 32 0002, and Iegally
described as fol.lows:
The North 5/8 of the West 1/2 of the Southwest 1/4, and that
part of the Northeast 1/4 of the Southwest 1/4 I.ying
Southwesterly of County Road 43 (North Arm Drive) ; also
that part of the South 1/2 of the North 1/2 of the Southwest
1/4 of the Southwest 1/4 lying East of the West 500 feet
• thereof, and that part of the West 500 feet of the South 1/2
of the North 1/2 of the Southwest 1/4 of the Southwest 1/4
Iying South of the North 178.45 feet thereof; also that part
of Government Lot 3 I.ying Southwesterly of County Road No.
43 (North Arm Drive) except that part embraced 'in Registered
Land Survey No. 1508; and commencing at a point in the West
Iine of the Southeast 1/4 of the Southwest 1/4 a distance of
203 feet North from the Southwest corner thereof, then East
400 feet, then North 100 feet, then East 150 feet, then
South 303 feet to the South Iine of the Southeast 1/4 of the
Southwest 1/4, then East to the Southeast corner of the
Southwest 1/4, then North to the Northeast corner of the
Southeast 1/4 of the Southwest 1/4 , then West to the
Northwest corner thereof , then South to the point of
' beginning; exc].uding roads; aII the above described property
located in Section 6, Township 117 North, Range 23 West of
the 5th Principal Meridan; (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10.03, Subdivision 9
(C) to permit the construction of an accessory storage structure
comprising 1120 square feet per Ievel, two Ievels in height,
totaling 2240 square feet in floor area, where the maximum
aI Iowed accessory structure is 1000 square feet in f Ioor area.
NOW, THEREFORE, BE IT RESOLVED by the City Counci I of
� Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #960.
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d C�t� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
�, NO. 1860
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2. The property is located in the RR-1B Single Family
Rural Residential Zoning District.
3. The Orono Planning Commission reviewed this application
� on September 16, 1985, and recommended approval of the
proposed variance based upon the following findings:
A) The applicant is Iegal ly operating this golf course �
under a Conditional Use Permit granted September 9,
1968.
B ) The Municipal Zoning Code allows accessory
structures as part of a Conditional Use Permit as Iong
as such structures are at least 50' from aIl property
lines. Applicant has stated the proposed structure
� will be Iocated to meet this setback.
C) The structure is proposed to be used for storage of
golf course materials and equipment.
• 4. The area of the property is in excess of 120 acres.
5 . The City Council has considered this application
including the findings and recommendations of the Planning
Commission, reports by City staff, comments by the appl.icant
and the effect of the proposed variance on the health,
safety and welfare of the community.
6. The City Counci I f inds that the conditions exi sting 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,
Iight, 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 aI Ieviate
a demonstrable hardship or difficulty; is necessary to pre-
serve a substantial property right of the applicant; and
woul.d be in keeping with the spirit and intent of the Zoning
Code and Comprehensive Plan of the City.
CONCLOSIONS, ORDffi2 AND CONDITIONS
Based upon the above findings, the Orono City Council
hereby grants a variance to the Municipal Zoning Code Section
• 10.03 , Subdivision 9 (C ) to permit the construction of an
accessory storage structure comprising a total of 2240 square
feet of floor area (two f Ioors at 1120 square feet each) where a
maximum floor area of 1000 square feet is normally required,
subject to the following conditions:
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• . RESOLUTION OF THE CITY COUNCIL
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..,� NO. 1860
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, l. No pl.umbing may be installed in the structure.
;� 2. The structure may never be used as a dwelling unit.
3. The structure may not be used for housing animals. �
4. The structure is to be used only for golf course
equipment and material storage. Any other' activity not
related to the operation nf the golf course is not
permitted.
5. Authorities granted by this variance, run with the
property 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 (September 23, 1986 ) .
• 6. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shal I automatical ly terminate any authority
granted herein, and shall be punishabl.e as a misdemeanor.
7. The undersigned applicant has read, understood and here-
by agrees to the terms of this resolution and on behalf of
himself, his heirs, successors and assigns, hereby agrees to
the recording of this resol.ution in the chain of title of
the property.
Adopted by the Orono City Council on this 23rd day of
Sep ember, 1985. .
AT ST:
. jit_-
.
D rothy Hallin, City Clerk ry C. utler, ayor
Tom Frahm, ing y -
�� � �
(1) Property w er
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. �: d : .. Cit o� ORONO . � .
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� , RESOLUTION OF THE CITY COUNCIL
, (�� ' Np, 1860
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>� STATE OF MINNESOTA ) .
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COUNTY OF HENNEPIN )
On thi s z��° day of ��`r�B� , 19 8 5
: before me a Notary Public within and for said county, personally
appeared Gp�,�Q, �J��S��,(���uie�l�a�..��1'�I�-k�.l��nown to me to be
the persor}(s) described in and who executed the foregoing
instrument, and acknowledged that he (they) executed the same as
his (their) free act and deed.
.:N,:w:•.
� �_ ,� °�`. MIC .
• �9� {� Nor HAE� P, NOTARY PUBLIC
qR'"P�e��c GqFFRON
�...• nay�m��E?/N �MINNES�Tq
�m:,....�. �,.ro�ExPlrC�V��T'Y
��'`� � 4'� J�� �/, �9g� �
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 1985, 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
�
MY COMMISSION EXPIRES
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