HomeMy WebLinkAboutResolution 5834 1 - +� .
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A RESOLUTION DENYING A VARIANCE
TO THE ORONO, MINNESOTA, CITY CODE
SECTION 78-1403
FILE NO. 08-3378
VVHEREAS, Michael T. Whittington and Julie A. Whittington, husband
and wife, (hereinafter "Owners"} are the owners of the property located at 1981 Fagerness
Point Road within the City of Orono (hereinafter "City") and legally described as Lot 4,
Fagerness and accre�ions therto lying between the extension southeasterly to the shore of Lake
Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, Hennepin County,
Minnesota (hereinafter "the Property"); and
VVHEREAS, the Owners have made application to the City for a variance to
Orono Code Section 78-1403 to allow a swimming pool and pergola lakeward of the average
lakeshore setback; and
WHEREAS, after due published notice and mailed notice in accordance with
Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission
held a public hearing on September 15, 2008, at which times all persons desiring to be heard
concerning this application were given the opportunity to speak thereon.
NOV4', THEREFORE, BE IT RESOL�'ED by the City Council of Orono,
Minnesota:
FINDINGS
l. This application was reviewed as Zoning File #08-3378.
2. The Property is located in the LR-1 C zoning district, where 0.5 acre is the
minimum lot area and 100 feet is the minimum lot width. The Property is
approximately 0.68 acre (0.46 west of road & 0.22 east of road) in area and
100 feet in width.
3. The Planning Commission reviewed this application on April 20, 2009 and on
a vote of 6 - 0 recommended denia] of the variance, based on the followin�
findin�s:
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a. There are no conditions existing on this property relatin� to the pool and
pergola that are peculiar to it and that do not apply generally to other
property in this zoning district.
b. Granting the variance is not necessary to alleviate a demonstrable hardship
or difficulty with the Property.
c. The variance is not necessary to preserve a substantial property right of the
Owners.
4. The City Council has considered this application including the findings and
recommendation of the Planning Commission, reports by City staff, comments
by the applicants and the public, and the effect of the proposed variance on the
health, safety and welfare of the community.
CONCLUSIONS AND ORDER
Based upon the above findin�s, the Orono City Council hereby denies the Owners' request for
a variance to Orono Code Section 78-1403.
Adopted by the Orono City Council on this 11 th day of May, 2009.
ATTEST:
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Linda S. Vee, City Clerk J es M. White, Mayar
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