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Home My WebLink AboutResolution 2101 ,�. , � �ro. ` � ��4�� Cit� o� ORONO . d � • ��,,� �� . RESOLUTION OF THE CITY COUNCIL , -Mr.: x ':a�' NO. 2101 �` ,.�r;;%;,; • _ ..�. ,.;. ,�� . A RESOLDTION GRANTING A VARIANCE TO � MLTNICIPAL ZONING CODE • SECTION 10.24, SOBDIVISION 3 (A) AND CONDITIONAI� IISE PERMIT PER MUNICIPI�L ZONIIdG CODE SI3CTION 10.75, SQBDIVISION 2 FILE #1087 WHEREAS, Royetta I. Marcotte and David W. Anderson (herein- after "the appYicants") have an interest in the property located at 860 Forest Arms Lane within the City of Orono (hereinafter "City") and legally described as Lot 3, Block l, Forest Arms (hereinafter "property"); and WH$REAS, the applicant has made application to the City of Orono to permit the instaYlation of a radio antenna requiring a conditional use permit because the structure exceeds 30 feet in height � per Section 10.75� Subdivision 2 and per Section 10.24, Subdivision 3 (A)� seeks a side setback variance because the structure is 45 feet from the lot Yine instead of the required 58 feet. NOW, THEREFORE, BE IT RESOLVED by the City Counci l of Orono, Minnesota: ' FINDINGS � 1. This application was reviewed as Zoning Fi1e #1087. 2. The property is located .in the LR-1B SingYe Family Lakeshore � Residential Zoning District. . 3. The property is approximately 1 acre in area. � 4. The Orono Planning Commission reviewed this application on November 17, 1986, and recommended approval of the setback variance of 13 feet per Zoning Code Section 10.24, Subdivision 3 (A), and recommended approva]. of a conditional use permit for the antenna structure at 58 feet in height based on the following f indings�: A) The proposed antenna structure W�ii meet the 58 feet setback from a11 1ot lines except for the west 1ot 1ine. ' The structure W�i1 be 45 feet from the west lot line but 75 • feet from the adjacent residential structure. Page 1 of 5 � � � ��.�.� :- . cit o� oR,oNo :�.� d � • �� ' � RESOLUTION OF THE CITY COUNCIL � ,.,� ��;,�� NO. 2101 ,,..-� •�.- � •� �,�. B) The visual impact of the structure is lessened by the location of the antenna on the property adjacent to the house and the higher northern elevations of the property adjacent to the County Road. C) The structural sounc3ness of the design of the antenna and placement have been confirmed by the City Engineer. D) Applicant's residence and a11 improvements on the property and covered by liability insurance at $100,000.00 limit. 5. 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 condition°s, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to aY�.eviate a demonstrable hardship or difficulty; is � necessary to preserve a substantia� property right of the appYi- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City CounciY finds that granting a conditional use permit to allow the antenna structure at 58 feet in height w�11 not be � detrimental to the hea�th, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor W�1i it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with `the intent and objectives of the Zoning Code and Comprehensive Plan of the � City. CONCLIISIONS, ORDER AND COAiDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Section� 10.75, Subdivision 2 to allow the applicants to install a 58 feet high antenna and a side setback variance of 13 feet per Section 10.24, Subdivision 3 (A) to allow the structure to be placed 45 feet from the west lot l.ine instead �of the required 58 feet subject to the following conditions: 1. The permit is issued for the sole amateur use of David W. • Anderson while he resides at the property. The antenna structure must be dismantled and substructure/footings to be filled when Mr. Anderson no longer resides at the property. Page 2 of 5 � �,�y�: Cit o��ORONO � � � �� : . • .. :1,�`�; � . . � .-`_,>� RESOLUTION OF THE CITY COUNCIL iy_,.�. . . . . ...�::�<_;=: NO. 2101 _ • �ai;.;�n ti-:.,� • - • •..• , , 2. Applicant must provide an acknowledgement form from a11 the affected neighbors confirming for the City that the neighbors are aware of the proposal. 3. Applicant must instaY 1 a shield at grade around the base of the antenna to be completed at the time of the final inspection by the buiYding inspector. 4. Applicant shall execute a hold harmless agreement that would release the City from a11 l.iabilities created by the structural failure of the radio tower. 5. Authorities granted by this resolution run with the property not with either the owner or 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 the special conditions of this resolution W�11 expire on that date (December 8, 1987 ). 6. Violation of or non-compliance with any of the terms and � conditions of this resolution sha11 constitute a violation of the zoning code, shal 1 automatically terminate any authority granted herein, and Sna1 i be punishabYe as a misdemeanor. 7. The undersigned owner and applicant have�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 8th day of . Dec �er, 1986. ATT 9T: � ___. ._ _ _ _ _ _ , , � D othy M. aY1in, City CYerk Mary C. But r, Mayor • _ _ P rty Owner s) � __ _ _ .. . __., __ _ _ _— . _ -- -__—. .�__ _ APP icant(s) • _.. ._ __ Page �3 "of 5 - _ - � t y � • • - � �t�� Clt o� ORONO � ....��y�:� �' . ..s��. K1 rr -. . • '°I� �4�. ' x RESOLUTION OF THE CITY COUNCIL . ;�.,#,y ` � �e� NO. 2101 �� ,� • -:.. ,..,,, 7s.ib,..,ik.+,.. � tqr:�•^Yn:". . , STATE OF MINNESOTA ) . � ) ss. COUNTY OF HENNEPIN ) On t h i s Q � d a y o f ,�-Q -e�- , 19 8� before me a �otary Public within and for said county, personally appeared �c�-P, p„ YYI�Cp�P_ known to me to be the person(s) t�escribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �'l/�-(,�J� ��L N�e NOTA Y PUBLIC , M►��N�A � , ��a MY COMMISSION EXPIRES � STATE OF MINNESOTA ) , )ss. COUNTY OF HENNEPIN ) On this /O� day of ��ee�,..b�r , 198�, be.fore me a Notary, Public within and for said County, personal�y appeared .�O�J� cJ �• /4n d�Sc�-ti--� 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. • l � /U�� NOTARY PUBLIC ��L NAAB MINNESOTA �N��IN COUNTY pp�ry�iNlp� �xpires.9-8-9; ' � g=ga ` MY COMMISSION EXPIRES • Page 4 of 5 � � . . : . ?:�. � - (`,�� c�t_) o� oR,oNo . I � w , �.��. ■J� , . . V Yi��::'.��:1- V '.`�f��.,pV� • �t, '. '�J�`:{+�' . f'•'" `-�� RESOLUTION OF THE CITY COUNCIL - ,::,: . � ` 2101 . r <�:.;� NO. • ,,`:�..�.. , • - • • : . ��,• ::,�.- STATE OF MINNESOTA ) ) ss. ' COUNTY OF HENNEPIN ) On this day of , lgg 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 acknowYedged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC i - . MY COMMISSION EXPIRES � • _ _ STATE OF MINNESOTA ) . )ss. - COUNTY OF HENNEPTN ) - On this day of , 198 , bef,ore 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 � � Page 5 of 5