HomeMy WebLinkAboutResolution 2505City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2505
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 15 (C) AND
SECTION 10.28, SUBDIVISION 5 (B)
FILE #1318
WHEREAS, Suad H. Azhari (hereinafter "the applicant") has an
interest in the property located at 1745 Fox Street within the City of
Orono (hereinafter "City") and legally described as the Southwest quarter
of the Southeast quarter of Section 3, Township 117N, Range 23 West of the
fifth principal meridian, Hennepin County, Minnesota (hereinafter "the
property"); and
WHEREAS, the applicant has applied to the City for variances to
Municipal Zoning Code Section 10.03, Subdivision 15 (C) and Section 10.28,
Subdivision 5 (B) to permit the installation of a entrance gate to the
property requiring a height variance of 4'k' or 128% at a maximum height of
•8' where only 3k' would be allowed and a setback variance of 39.7' or 78%
for the gate structure set 10.3' from the front/street lot line instead of
meeting the required 50' setback.
Minnesota:
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
FINDINGS
1. This application was reviewed as Zoning File #1318.
2. The property is located in the RR -1B Single Family Rural
Residential Zoning District requiring 2 acres in area. The property
consists of 25 acres.
3. The Orono Planning Commission reviewed this application on August
15, 1988 and recommended approval of the proposed variances based upon
the following findings:
A) The gate/post structure does not create a potential hazard
for the users of the public roadway nor of the private driveway
because of the 30' setback from the travelled roadway.
B) The gate shall provide clearance for emergency vehicles that
may have to service the property.
• C) The gate structure will provide the necessary security for
the very secluded property.
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d city of OR ONO
RESOLUTION OF THE CITY COUNCIL
NO. 2505
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.
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 per Municipal Zoning Code Section
10.03,• Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit
the completion of the installation of an entrance gate to the property
allowing the gate to be 8' in height instead of meeting the allowed 3k'
height and setback 10.3' from the front/street lot line instead of the
required 501, subject to the following conditions:
1. The applicant is placed on notice that if at some future time this
property is further developed, the 18' wide clearance of the gate will
not satisfy the road design standards for a private road.
2. Lighting at the gate entrance must be directed downward and if an
open/direct lighting is to be installed, the intensity must be reduced
so as not to create a viewing problem for the users of the public
roadway.
3. Prior to completing the installation of the gate structure, the
applicant must obtain the required building permit from the City of
Orono.
4. Authorities granted with this resolution run with the property not
with the applicants, 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
28, 1989).
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1988.
City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2505
5. 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.
6. 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 September,
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City of ORONO
CITY
OF
STATE OF MINNESOTA
ss.
COUNTY OF HENNEPIN
RESOLUTION OF THE CITY COUNCIL
NO. 2505
981beOn this day of 0mg , 1981-,.-
before
fore meota i
Publc within and for said county, personally
appeared �IA A-zim;Z) 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.
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
94
MY'COMMISSION EXPIRES
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.
Page 4 of 4
NOTARY FUCLIC - MiNNE5OTA
HENNEPIN COUNTY
:K.
My commission expiros 6-6.93
MY'COMMISSION EXPIRES
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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