HomeMy WebLinkAboutResolution 2690 .�
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- � r Cit� o� ORONO . �
�� RESOLUTION OF THE CITY COUNCIL �
i:�� NO. 2690 '�
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A RESOLIITION GRANTING
VARIANCES TO
MQNICIPAL ZONING CODE
SECTION 10.03, SOBDIVISION 15 (C) AND
S$CTION 10.23, SDBDIVISION 6 (B)
FILE #1438
WHERSAS, Mrs. Philip W. Pillsbury (hereinafter "the
applicant" ) is the owner of the property located at 1200
Brackett's Point 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
variances to Municipal Zoning Code Section 10.03, Subdivision 15
(C ) and Section 10.23 , Subdivision 6 (B) to permit the
installation of a 4' high wall within the required front/street
yard where only a 3�' high wall is allowed and located
approximately 3' from the street lot line of Brackett's Point
• Road where a 50' setback is required.
NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of
Orono, Minnesota:
FINDINGS
1. This application was reviewed as Zoning File #1438 .
2. The property is located in the LR-lA Single Family
Lakeshore Residential Zoning District requiring 2 acres in
area. �
3. The Orono Planning Commission reviewed this application
on August 21, 1989, and recommended approval of the proposed
variances based upon the following findings:
A) The location of the wall wil 1 present no hazards or
sighting problems for users of County Road 15 or
Brackett' s Point Road.
B ) The property is located on a busy curved
intersection of County Road 15 and security has become
a major concern for the applicant.
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Cit� o� ORONO .
� RESOLUTION OF THE CITY COUNCIL
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�':} � NO. 2690
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C) The property is at the same level as the County
Road and surrounding properties have steep rising banks
to discourage pedistrians from walking onto property.
The applicant has noted instances where persons with
car problems within the vicinity of the intersection
seek help at her residence at odd hours of the night.
D) The street lamp illuminates the entire corner and
the applicant's residence. Natural plantings have been
installed to provide screening from the headlights and
the ad j acent 1 ights of the street, but the prob 1 em i s
that there is no physical barrier to prevent people
from walking from the road immediately onto 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 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.
CONCLDSIONS, ORDffit AND CONDITIONS
Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Municipal Zoning
Code Section 10. 03 , Subdivision 15 (C) and Section 10.23 ,
Subdivision 6 (B) to permit the installation of a 4' high wall
within the side street yard of the property where only a 3�' high
wall is allowed and to be placed 3' from the street/side lot line
instead of the required 50', subject to the following conditions:
• 1. Applicant or applicant's representative must obtain a
building permit for the installation of the 8" wide
retaining wall.
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�' RESOLUTION OF THE CITY COUNCIL
,,�*�.,� � NO. 2690
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2. Authorities granted by 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 Council approval , or this
variance will expire on that date (August 28, 1990).
3. Violation of or non-compliance with any of the terms and
conditions of this variance shall constitute a violation of
the zoning code, shall automatically terminate any authority
granted herein, and shall be punishable as a misdemeanor.
4. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
of herself, her heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
• the property.
Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting held on the 28th day of August,
19
AT ST:
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D othy Ha in, City Cle Jame R. Gra ek, Mayor
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Property Owner(s)
STATE OF NNESOTA )
) ss.
COUNT OF HENNEPIN )
The foregoing instrument was acknowledged before me on
this 28th day of August, 1989, by James R. Grabek & Dorothy M.
Hallin, Mayor & City Clerk of the City of Orono, a Minnesota
municipal corporation and said instrument was executed on behalf
of the City. '
• Notary Publi � IE K. SCHEFFLER
NOTA0.Y M18LIC-MINNESOTA
�"•:; � HENNEPIN GOUNTY •
My Commission �°��`'f" e
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Clt� o� ORONO . .
• RESOLUTION OF THE CITY COUNCIL
,�, � NO. 2690
ST ''O NESOTA )
•::..,•c ,=,c ) S S.
COUNTY OF HENNEPIN )
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On this � day of 5��� �� , 198�
before me a Notary Pub ic within and for said county, personally
appeared �� � �s•u�A �_ known to me to be
the person(� described in and who executed the foregoing
instrument, and acknowledged that� he �t�e�-}- executed the same as �
�s 4+'�°.�.''� free act and deed.
. � Ca�
NOTARY � �� STEPHEN R.PFLAUM
��� NOTARY PUBLIC—MINNESOTA
HENNEPIN COUNTY
My Commission Expires Nov. 19, 1993
• x x
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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FILE N0. 1438
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