HomeMy WebLinkAboutResolution 2539City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2539
A RESOLUTION GRANTING
VARIANCES TO
MUNICIPAL ZONING CODE
SECTION 10.03, SUBDIVISION 9 (D) & 14 (C) AND
SECTION 10.24, SUBDIVISION 5 (B),
FILE #1347
WHEREAS, Michael Halley Homes has an 'interest in and Dean and
Victoria Terry are owners of the property located at 2710 Pence Lane within
the City of Orono (hereinafter "City") and legally described as follows:
Lot 1, Block 1, Carman Bay Heights, Hennepin County, Minnesota
(hereinafter "the property"); and
WHEREAS, Michael Halley Homes and Dean and Victoria Terry jointly
shall be considered as "the applicants" for purposes of this resolution;
�nd
WHEREAS, the applicants have applied to the City for a variance
to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and Section
10.24, Subdivision 5 (B) to allow an accessory structure gateway system to
be located 20' from the defined rear lot line where a 30' rear lot line
setback is normally required, and_a variance to Section 10.03, Subdivision
14 (C) to allow the height of this fence -type structure to exceed the 3k'
maximum fence height normally allowed within the required rear yard area of
a lakeshore lot.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono,
Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1347.
2. The property is located in the LR -1B Single Family Lakeshore
Residential Zoning District.
3. The Orono Planning Commission reviewed this application on October
17, 1988 and recommended approval of the proposed variances by a vote
of 3 to 2, based upon the following findings:
• A) The proposed structure includes entry monuments and wing
walls on either side of the shared driveway serving the
properties at 2710'and 2715 Pence Lane, and will have an
electrically controlled gate suspended between the two monuments.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2539
B) The applicants have revised their proposal to move the
proposed gateway and monuments further away from the neighboring
property lines, so that no setback variance is needed from the
west side lot line, and only a 10' setback variance is required
from the north lot line. Based on this relocation, there is no
conflict with the existing drainage and utility easement along
the west or north lot lines.
C) The proposed gateway structure will allow adequate width for
emergency vehicle access.
D) The applicants will provide a back-up turnaround apron within
the property boundaries, so that unwanted traffic does not have
to back up onto neighboring properties.
E) The hardships that support the variances include the need for
• security and limitation of traffic onto this private road serving
only two residences, the height variance being necessary to allow
construction of a structure of a size and scale to be a deterrent
in itself, the setback variance necessary to keep the structure
near enough to the entrance of the property to deter unwanted
traffic.from entering the property.
4. The City Council has considered this application including the
findings and recommendations of the Planning Commission, reports by
City staff, comments by the applicants 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 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 applicants, but is necessary to alleviate a
demonstrable hardship or difficulty; is necessary to preserve a
substantial property right of the applicants; 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
4 ity Council hereby grants a variance per Municipal Zoning Code Section
0.03, Subdivision 9 (D) and Section 10.24, Subdivision 5 (B) to permit the
construction of an accessory structure gateway system located 20' from the
rear lot line where a 30' rear yard setback is normally required and grants
a variance to Section 10.03, Subdivision 14 (C) to allow such structure to
exceed the 3k' maximum height normally allowed for such structures within a
required rear yard setback area, subject to the following conditions:
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J City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO.
2539
1. The applicants shall provide a back-up turnaround apron within the
property boundaries so that all unwanted traffic has the capability of
backing up without using neighboring driveways.
2. Maximum height of the entrance monuments shall be 7h', per the
proposed plan. Any changes to that plan will require further Council
review.
3. Any lighting associated with the structure shall be directed
downward so that the source of light is not directly visible from
neighboring properties.
4. The existing sign posts extending approximately 7' above grade
shall be removed in conjunction with the construction of the new
gateway.
• 5. 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 (November
14, 1989).
6. 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,
rantedherein, and shall be punishable as a misdemeanor.
7. The undersigned applicants have read, understood and hereby agree
to the terms of this resolution and on behalf of themselves, their
heirs, successors and assigns, hereby agree to the recording of this
resolution in the chain of title of the property.
1988. (
ATTEST:
Adopted by the Orono City.Council on this 14th day of November,
J/ �I z
James R. Grabek, Mayor
Barbara A. Peterson, Acting Mayor
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-3 City of ORONO
RESOLUTION OF THE CITY COUNCIL
1 5`' NO. 2539
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
On this ad''' -d day of � , 1988
before me a Notary Public within and for said count ,erso ally
appeared a-9kQQAU PM-41agi Q ti
known to me to be the pers s) describedV in and who exec ted the
foregoing instrument, and acknowledged that he (they) executed
the same as his (their) free act and deed.
•
SUSAN L. HANSON
�e4 ♦°" NOTARY PUBLIC —
3� MINNESOTA
HENNEPIN COUNTY
My Commission
Expires Aug 17, 1992
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
�(,I a'n �r • 4"�
NOTARY PUBLIC
9-1�-�z
MY COMMISSION EXPIRES
On this a,a*�day of `'il , 198%, before me
a Notary Public within and for said County, personally appeared
"&. a- V Lc. known to me to be the
person(s) described and who executed the foregoing instrument,
and acknowledged that he (they) executed the same as his
(their) free act and deed.
. SUSAN L. HANSON
.'tel t�•°��` NOTARY PUBLIC — MINNESOTA
ss�� HENNEPIN COUNTY
'�.:: My Commission Expires Aug 17. 1992
NOTARY PUBLIC
MY COMMISSION EXPIRES
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