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Home My WebLink AboutREsolution 2516• City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2516 s A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.03, SUBDIVISION 15 (C) AND SECTION 10.28, SUBDIVISION 5 (B) FILE #1332 WHEREAS, Marcelo Gumucio (hereinafter "the applicant") is the owner of the property located at 980 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A, attached (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for after -the -fact variances to Municipal Zoning Code. Section 10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit the construction of driveway oetrance monuments exceeding the maximum 3.5' height limitation and located ss than 1' from the property line where a 50' minimum front setback would normally be required for such structures. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1332. 2. The property is located in the LR-lA Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on September 19, 1988 and recommended approval of the proposed -variance based upon the following findings: A) The pillars do not create a hazard to the users of the public roadway nor of the private driveway because of the 15-20' setback from the travelled roadway, and will not impede road maintenance. B) Separation distance between the pillars provides adequate clearance for emergency vehicles that may have to service the property. • C) The pillars contain integral safety of.this driveway entrance. Page 1 of 4 lighting fixtures to provide for • • City of ORONO RESOLUTION OF THE CITY COUNCIL Q� e' NO. 2516 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 variance 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 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 demon- strable 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 after -the -fact variances to Municipal Zoning Code Section 10.03, Subdivision 15 (C) and Section 10.28, Subdivision 5 (B) to permit the construction of driveway entrance monuments 5.5' in height where such structures are not normally allowed to exceed 3.5' in height, and which structures are less than 1' from the front property line where such structures are normally required to be set back at least 50' from the front property line, subject to the following conditions: 1. Applicant is placed on notice that if at some future date light fixtures are placed on top of the pillars, such lighting must be directed downward and the intensity must be a level so as to not create vision problems for the users of the public roadway. 2. Applicant shall obtain the appropriate after -the -fact building permit for the pillars. 3. 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 (October 10, 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. Page 2 of 4 • • r �•i �k{k� City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2516 5. The undersigned 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 10th day of October, 19J8* ATT: F- v . 0 othy M allin, City Clerk (b - A,,r Property Owners) . Grabek, Page 3 of 4 City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2516 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this p day of , 19 8 0 before me a No ry Pu�l appeared (i within and or said county, personally 0,r0 /-eG(/n 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. THERE LJ NMB • IgtAlIY • M A *WWAdos I' STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) NOTARY PUBLIC MY COMMISSION EXPIRES On thi s % /--/,day of JDh OA\ , 19 8 , before me a Notary Pu'bl'c within and for said County, personally appeared a//Notary C ar) - eS-6'm /. c; -o 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. xIS PATRICIA N. 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