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Home My WebLink AboutResolution 2734 N i :. . i, r 4. �'i "— . e k5"��:.' .-..;f , � Ci.t� o� ORONO � .. .-�. :� �. �;.�� . � �=K� ,..�:; � � ��'� '�=. . , � :��.� RESOLUTION OF THE CITY COUNCIL �;7�• �.. NO. 2734 ,::�•:�; • � • • �r.::-�''�';.;;<�` A R$SOLOTION GRANTING ' VARIANCES AND A CONDITIONAL DSE PffitMIT TO i MUNICIPAL ZONING CODR � SECTION 10.24, SUBDIVISION 3 (A) FII,$ #1463 . WH$REAS, Fairview Covenant Church (hereinafter "the ' owner") is the owner the property located at 1140 North Shore • Drive' West, within the City of Orono (hereinafter "City") and legal.Iy described as follows: ' Exhibit A attached (hereinafter "the property"); and WHEREAS , Contel of Minnesota (hereinafter "the I . applicant") proposes to lease from the owner the use of the above referenced property for a remote switch buiZding measuring ; 10 'x16' ; and WH$R$AS, per Section 10.24, Subdivision 3 (A) , the � applicant has made application to the City for a conditional use ; permit to allow the install.ation of a remote switch building and ; • in addition seeks setback variances to Section 10.24, Subdivision 3 (A) as follows: A) North Lot Line: Required = 50' ' Proposed = 40 ' - Variance = 10 ' or 20� ; � B) South Lot Line: , Required = 50 ' Proposed = 45 ' Variance = 5 ' or 10�� ° NOW, THER$FORE, BE IT RESOLV$D by the City Counci I of ' Orono, Minnesota: � FINDINGS , 1. This application was reviewed as Zoning File #1463. ' 2. The property is Iocated in the LR-1B Single Famil.y Lakeshore Residential Zoning District requiring l acre in area. • Page 1 of 5 • • i .: ; „ . � . a:<. .� � �w l�� c�tV o� oR,oNO � Y� � _J . `h � V • _ j'4 �'�I .. �t • ��:�� RESOLUTION OF THE CITY COUNCIL , � y :>�'�`°��'�'. NO. 2 7 3 4 • • � • ; �£;;:��::,�- e property consists of 43,395 s.f. or 1. 042 acres. 4. The Orono PZanning Commission reviewed this app3ication on October 16 , 1989 and recommended approval of the conditional use permit to permit the installation of the • remote switch building as proposed requiring approva3. of residential lot Iine setback variances as noted above based on the following findings: A) The shape of the property prevents the structure from being placed at the required Iocation without requiring setback variances. B) The location of power Iines and existing telephone lines require that the structure be placed to the west side of the property. C) The proposed utility use is compatible with the current use of the property as an expanded parking and , recreation area for the Fairview Covenant Church. • 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, Iight, air nor pose a fire ` hazard or other danger to neighboring properties ; would not mere3.y serve as a convenience to the applicant, but is necessary to al leviate a demonstrable hardship or difficulty; is necessary to � preserve a substantiaZ 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. 6. The City Council finds that granting a conditional use permit to alZow the installation of a remote switch building as proposed wilZ not be detrimental to the health, safety or general welfare of the publ.ic, wou3.d not adversely affect Iight, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed Ievel of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive PZan of the City. Page 2 of 5 ` • i ,_ , • r �` , _;,..(., �� Clt� o� ORONO . '�it ti �;. i .". . • � . �` �r £ � �'R� RESOLUTION OF THE"CITY COUNCIL ��;�.a�4� !��'•' `��`M'��;` NO. 2 7 3 4 . _'i. �i7:Yn. . . . , �.� � r. � J� . : � ��. :..�.,. CONCLIISIONS, ORDffit AND CONDITIONS _ Based upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Section 10.24, Subdivision 3 (A) to permit the installation of the remote switch building as proposed by Contel of Minnesota requiring the approva]. of setback variances, north Iot 7.ine proposed at 40' ' . instead of the required 50', and south lot line proposed at 45' , instead of the required 50', subject� to the fol Iowing conditions: 1. The remote switch building should be of earthy colors to blend into the surrounding natural setting. � 2. Applicant to provide Iandscaping per Iandscape plans described in site plan by Peter M. Brozik revised date November 16, 1989. � 3. Owner of property is hereby advised to seek a separate Iand use application with the City of Orono for any further improvement of this property.` •• 4. Authorities granted by this resolution run with the property not with the applicant, but are permis-sive only and must be exercised by application for a building permit within one year of the date of Council approval , or the special conditions of this resolution will expire on that date (November 27, 1990). 5. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatica3ly terminate any authority granted herein, and shall be punishable as a misdemeanor. -• " • 6. The undersigned owner and applicant have read, understood and hereby agree to .the terms of this resolution and on behalf of themse].ves, �their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of tit3.e of the property. Page 3 of 5 • , . � ._ . .y' , . I ��` (�r�44 � . ��. Cit� o� ORONO . .:. �y_.+MF�.1},�'� y.. . r� 1 ` � ,� RESOLUTION OF THE CITY COUNCIL ' - > '�': 2734 .� �NO. .�� _.. � :. ; :�.:�-��::�' opted by the Orono City Council on this 27th day of : November, 1989. ; AT ST: � . . � � rothy Hallin, City Cler Jame R. Grabek, ayor - ; � ✓ ��[.-�-�_�I�l . Repr e ative air 'ew Covenant Church Title ' � ; e resentative bf Contel. of Minnesota Title ! STATE OF MINNESOTA ) , ; ) ss. COUNTY OF HENNEPIN ) s • The foregoing instrument was acknowledged before me on this 27th day of November 1989, by James R. Grabek & Dorothy M. Hallin, Mayor &� City Clerk of the City of Orono, a Minnesota . municipa3 corporation and said instrument was executed on behalf � of the City. � . i � Notary Public - SA �, NAAB 9_�-ga T�RE Pusuc - MINNESOTA __ . t�1 G THENNE p�{� C O U N TY M y C O I ri m 1 S S 1 0 II E x p i r e s MY �°m misslo� exPlres 9.g-92 Page 4 of 5 i • � � r, .. ; _•. � � ' � � ' Clt o� ORONO . � • RESOLUTION OF THE CITY COUNCIL • NO. 2734 � • - • • �;. STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) On this 3�� day of /l�nJe►M.b�.►� , 1989 before me a Notary Public withi and for said county, personally appeared ;�� ' �'r known to me to be the person(s) describe in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. �--�. TH[RESA L. NAAB NOTARY PUBLIC , NOTARY °UF3LIC - MINNESOU �,�''�� HtNNEPIN COUNTY • 'w-�*Y My commission expltai 9�8A2 �-�-9a - MY COMMISSION EXPIRES STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) On this 3(��' day of 1�1�� , 1981, before me. a Notary Public within and for said County, personally appeared �/ _cJP i'c.K..I,c�• �b rah � known to me to be the person(s) described in an w o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' C�/� NOT RY PUBLIC THERESA L. NAAB �A� p�guQ.MINNESOTA /�� (y � n� ��N�.��°�� d 7 MY COMMISSION EXPIRES � Page 5 of 5 ; , i . , . . - s ,; x ,� � �� Ci.t� o� ORONO :� , L� " yr '`n - .: � .:: �� ... ,. ��. .o, ...w�s S,, : r RESOLUTION OF THE CITY COUNCIL �;;,,�;'t� , ,:...` `�•�_ � � ;: N O. 2 7 3 4 =;�;.} ':'. :'- • k - File #1463 � Exhibit A DESCRIPTIO�J:A� ' ' � � � That part of �„e N��rthwest Quarter of Sectinn 7, Township � � 117, Range 23 dascribed as �ommencing at a ��int distant 2224.40 feet �au ther 1 y f�,cm the nc,rth 1 i ne ��f sa i d Sec t.i on along a line runni,�g from � uoint �n the north ] ine th�reof distant 4�2.�0 feet east fr��;i the northwest cnrner thereof , to a point a� the south ] in� of sai�; N�rthwest Quarter a distance nf 3��:5;� feet eas' frorr the southwr�st cornFr th�reof; t'h�n�� sr�utherly along- siid line tn the north l i ne of Eer��;:i st anci W i ck l ur•:is Add i t i un tn �t�rr�u i st. anci ' Wicklur�ds Pa;•�: , fl�nnepin Cc��r�ty, hlinn�,�ta; thenc� wesrPrly � al�n� sa��,e a��-; al��,�� the r�o��Lh lin� Of fi��r�;�,i �t and Idirk- � _ i lunds Park, H:=n;�r�G•�in C�,unt;, Minn�sata tc� t��• we�t 1 in�� of � � said Section 7; tt;r•;�ce nnrth slon� sai+i wt�st I in�� tu its - ' ! intersecti��r :��ith 3 1 ine r�:n;;iny ��estrly �n i ��ral lel with • the north li��e af �ai�i 5��,�; ion from the pnint. nf l�e��innli��; thence east to .*.F.c G�oirit of �:e��inni��. �u;; i��;t to r��ar! easement o��er thN w�:st 33 ��t .th�re��f. � •