HomeMy WebLinkAboutResolution 2028 Clt��:.o� ORONO � � �
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2028
• - • •
A R$SOI�IITION GRANTY�NG
• A VARIANCE TO
'MONICIPAL ZONYiNG ,COD� �
SECTION 10..03, 'SITBDIVISION 15 (C)
AND 10.03, SOBDIVISION '9 (D)
FILE #1054
WH�REAS, Steven Schnebly (hereinafter "the applicant") is
the owner of the property located at 2555 Countryside Drive within the
City of Orono (hereinafter "City") and legally described as follows:
Lot 4, Block 2, Countryside Manor, Hennepin County, Minnesota
(hereinafter "the property"); and
WHER�AS, the applicant has applied to the City for a
variance to Municipal Zoning Code Section 10e03, Subdivision 15 (C)
• and 10.03, Subdivision 9 (D) to permit the construction of driveway
entrance walls 6 feet in height in a front yard area where the maximum
fence or wall height normally allowed is 3.5 feet, and constitute an
accessory structure in a front yard where accessory structures are not
normally allowed.
NOW, THEREFORB, B� �T RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1054.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on
July 21, 1986, and recommended approval of the proposed variance
based upon the following findings:
� A) The walls do not obstruct any road access views and are
not a safety hazard.
4. The portion of wall exceeding the 3.5 foot height standard is
approximately 5 lineal feet on each side of the driveway parallel
• to Countryside Drive, and 5 lineal feet on each side of the
driveway perpendicular to Countryside Drive. The total length of
the front lot line along Countryside Drive is 267 feet.
5. The wall is intended to be ornamental and serves :only an
aesthetic purpose.
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� C�t� o� ORONO �
• R�SOWTION OF THE CITY COUNCIL
�
� NO. 2028
• - • •
6. 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 variance on the health, safety and welfare of the
community.
7. The City Council finds that the conditions existing on this
property are peculiar to it and do not apply general ly 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 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.
CONCLDSIONS, ORDER AND CONDITIONS
Based upon the above -findings, the Orono City Council hereby
grants a variance to the Municipal Zoning Code Section 10.03,
Subdivision 15 (C) and 10. 03 , Subdivision 9 (D) to permit the
construction of driveway entrance walls 6 feet in height in a front
yard area where the maximum fence or wall height normally allowed is
3.5 feet, and which constitute accessory structures in the front yard
. where accessory structures are not normally allowed, subject to the
following conditions:
1. Applicant shall obtain a building permit for the construction �
of the walls.
�2. 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 (July 28, 1987).
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.
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� c�t� o� oR,oNo
• RESOLUTION OF THE CITY COUNCIL
Q� NO. 2028
�
• - • •
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.
�
Adopted by the Orono City Council on this 28th day of July,
1986. �
ATTE T:
��'� /, �---
thy M. in, City Clerk Mary C. t er, Mayo
� � �� c. �t= �_�
I
Property Owner(s )
�
�
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C�t� o� ORONO
• � RESOLUTION OF THE CITY COUNCIL
� NO. 2028
• - • •
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On thi s j�� day of �_�.t,I,ST' , 19 8 6
before me a Notary Public within and for said county, personally
appeared A-/�l�>N���� �.� S'chH��L� 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.
GAFFRON �
�''' MICHAEL P• NOT RY PUBLIC
::���,� NOTARY PUBLIC-M�NNES07A
,�„F� HENNEPIN COUNTYgB7
-s�![T My Commission ExPires June 11.
'��A�••�:
��� `� g .
MY COMMISSI EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this �� day of ,�.t�r�� , 1986, before me
a Notary Public within and for said County, personally appeared
5.��� ����g�� 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.
�'�'w� NOTARY PUBLIC
NIICHAEL P• GAF���'�
.���°''� t�IOTARY PUBLIC-MINNES�'TA
� � • �-IENNEPIN COUN i Y
`� ission ExPires June 1 t.1S37 ��N� // / ���
� My Comm �
MY COMMISSION EXPIRES
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