HomeMy WebLinkAboutResolution 2493 / ° � � -
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RESOLUTION OF THE CITY COUNCIL
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� N0. 2493 .
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A RESOLUTION GRANTING
VARIANCLS TO
MUNICIPAI� ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C) AND
SECTION 10.28, SOBDIVISION 5 (B)
FII.E #1315
WH$RBAS, Phillip Miller, an authorized agent of the Countryside
Manor Homeowners' Association, (hereinafter "the applicant" ) has an
interest in the properties located at 2420 and 2435 Countryside Drive
within the City of Orono (hereinafter "City") and legally aescribed as Lot
1, Block 1 and Lot 1, Block 2, Countryside Manor, Hennepin County,
Minnesota (hereinafter "the property"); and
WHEREAS, the applicant has applied to the City for a variance to
Municipal Zoning Code Section 10.03, Subdivision 15 (C) to permit the
� installation of a wall monument at the entrance to the Countryside Manor
that measures 5'2" at the highest point instead of 3'6" requiring a 1'6"
• variance and seeks a variance to Section 10.28, Subdivision 5 (B) as the
wall exceeds the allowed height of 3�' the structure must be located 50'
from the street right-of-way and is proposed 7' from the Willow Drive
• right-of-way requiring a 43' or 86� variance and is located 4'8" from the
Countryside Drive right-of-way requiring a 45'4" or 90� variance.
NOW, THERBFOR$, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This �application was reviewed as Zoning File #1315.
2. The property is located in the RR-1B Single Family Rural
Residential Zoning District.
" 3. The Orono Planning Commission reviewed this application on August
� 15, 1988 and recommencled approval of the proposed variances based upon
- the £ollowing findings:
A) The structures do not present a hazard or interfere with
views at the intersection of Wil low Drive and Countryside Drive.
: • B) The majority o£ the monument structures meet the required 3�'
height allowance except for the posts located at the end of each
: • wall section.
r 4. 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
= variances on the health, safety and welfare of the community.
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• '� R�SOLUTION OF THE CITY COUNCIL
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�`�`� i� NO. 2493
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- 5. The City Council finds that the conditions existing on this
: property are peculiar to it and do not apply generally to other
property in this zoning district; that granting the variances 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.
CONCLUSIONS, ORDER AND CONDITIONS .
' Based upon one or more of the findings noted above, the Orono
City Council hereby grants variances to Municigal Zoning Code Section
� • 10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit
the installation of wall monuments at the entrance to the Countryside Manor
that would require a height variance of 1'6" ancl a setback variance of 43'
. or 86$ from Willow Drive and 45'4" or 90$ from Countryside Drive, subject
to the following conditions:
l. Applicant must obtain a building permit from the City of Orono for
� the construction of the monument walls.
� 2. Applicant must execute a Hold Harmless Agreement, holding the City
harmless for any damage done to the wall as a result of maintaining
� drainage within the public drainageways or maintaining the future
public roadway.
3. Authorities grantecl with this resolution 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
' Counci 1 approva 1, or this variance wi 11 expire on that date (August
22, 1989 ).
;, 4. Violation of or , non-compliance with any of the terms and
conditions of this resolution shall constitute a violation of the
�� zoning code, shall automatically terminate any authority granted
herein, and shall be punishable as a misdemeanor.
:� 5. The undersigned app licant has read, unc3erstood and hereby agrees
? • to the terms of this resolution and on behalf of the Countryside Manor
Homeowners' Association, their heirs, successors and assigns hereby
; agrees to the recording of this resolution in the chain of title of
c the property.
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� (�� RESOLUTION OF THE CITY COUNCIL � .
� � NO. 2493 �
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pted by the Orono City Council on this 12th 'day of-September,
1988. ' :
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0 othy M. in, 'ty Clerk James R. Grabek, Mayor . � �. � �
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Propert wner(s) � � �
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� RESOLUTION OF THE CITY COUNCIL
����`y � 2493
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. STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
On this ���� day of l��Ov�YYl.b�d� . 1980
before me a N tary Public wit 'n and for said county, personally
appeared � . (�1�. ✓ 2S�
known to me to be the pers (s) described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
�
• THEREBA L. NAAB `
NOTARY PUBLIC- MINNESOTA NOTA PUBLIC
HENNEPIN COUNTY
My commlasion explrss 9-&92
9-�-9a
MY COMMISSION EXPIRES
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
On this day of , 198 , 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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