HomeMy WebLinkAbout#5834-denying variance-2009 ! - r .
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A RESOLL'TION DENYING A VARIANCE
TO THE ORONO, MINNESOTA, CITY CODE
SECTION 78-1403
FILE NO. 08-3378
WHEREAS, 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
WHEREAS, 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 avera�e
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 hearin� on September 15, 2008, at which times all persons desirin; to be heard
concerning this application were given the opportunity fo speak thereon.
NO�', THEREFORE, BE IT RESOLVED 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-1C zoning district, where 0.5 acre is the
minimurr� 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 re��iewed this application on April 20, 2009 and on
a vote of 6 - 0 recommended denia] of the variance, based on the following
findings:
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a. There are no conditions existing on this property relating 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 Counci] has considered this application includinb the findin�s 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.
CONCLLTSIONS AND ORDER
Based upon the above findinas, the Orono City Council hereby deives the Owners' request for
a ��ariance 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, Mayor
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