HomeMy WebLinkAboutResolution 2838 _�
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`�-A RESOLUTION OF THE CITY COUNCI L
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� NO. 2838 '
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A RESOLUTION GRANTING
A VARIANCE TO
.� MUNICIPAI. ZONING CODE
SECTION 10.75, SUBDIVISION 4 (B)
' AND SECTION 10.03, SUBDIVISION 15 (C)
FILE #1445
WHEREAS, Gregory C. Peterson (hereinafter "the
applicant" ) is the owner of the property located at 1355 Arbor
Street wit'hin the City of Orono (hereinafter "City") and legally
described as Lot 2 , Block 2 , Markville, Hennepin County,
Minnesota (hereinafter "the property"); and ' ,
WHEREAS, the applicant has applied to the City for
variances to Municipal Zoning Code Section 10.75, Subdivision 4
(B ) and Section 10. 03 , Subdivision 15 (C) to permit the
instal lation of 5'+ privacy fencing where only 3�' high fencing
is allowed within the front yards of the through lot bordered by
Briar Street to the west and Arbor Street to the east. Privacy
• fencing within Briar Street yard shall be placed 0' from the
street lot line and 34' from the Arbor Street lot line instead of
the required 50' setback.
NOW, THEREFORE, BE IT RESOLV$D by the City Counci 1 of
Orono, Minnesota:
- FINDINGS
1. This application was reviewed as Zoning File #1445. �
2. The property is located in the RR-1B Single Family
Rural Residential Zoning District requiring 2 acres in area.
3. The Orono Council reviewed this application on December
11, 1989 and July 23, 1990 and recommended approval of the
proposed variances based upon the following findings:
A) As approved, the privacy fencing will not create a
visual impact or "boxing in" of the property.
B) The applicant's insurance carrier will require
fencing around the pool in the Briar Street yard.
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� �}�'� RESOLUTION OF THE CITY COUNCIL
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4. The City Counci. l has considered this applicati.on
inc].uding the findings �nd recommendations of the P].lnning
.. Commission, reports by City staff, comments by the app].icant
and the effect of the proposed variances on the health,
'safety and welfare of the community.
5. The City Council, fi.nds tha�. the condi.tions exist�.ng on
this property are peculiar to it and do not apply generally
to other property in this zoning district; that granting the
variari�ces would not adversel.y 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 Comprehensi_ve P1an of the City.
CONCLUSIONS, ORDER AND CONDITIONS
• Based upon one or more of the findings noted above, the
Orono City Council hereby grants variances to Munici.pal 7oning
Code Section 10.75 , Subdivision 4 (B ) and Section 10. 03 ,
Subdivision 15 (C) to permit the i.nstal].ation of privacy fencing
at a 5'+ height to be installed within the front yards of the
through lot adjacent to Briar Street anc� Arbor Street, subject to
the following conditions:
1. Applicant/owner has agreed to omit every other picket
].eaving an open space in its place iri order to minimize �
visual impact of privacy fencing.
2. lluthoriti�es gr.anted by this resoluti.on run with the
property not with the applicant, but are permissive only and
must be exercised by installing the fencing within one year
of the date of Council approval , or this variance will
expire on that date (Ju].y 23, ].99].).
3. Violation of or non-compliance with any of the terms and
condi.tions of this var�.ance shall. constitute a violation of
the zoning code, sha1T automai�ically terminate any authority
gr_ani.ecl h�rcin, anc� shal.]. t�c puna.shab].e as � misclemeanor. ,
4. The undersigned applicant has read, understood and
hereby agrees to the terms of this resolution and on behalf
• of himself, his heirs, successors and assigns, hereby agrees
to the recording of this resolution in the chain of title of
the property.
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`r���� RESOLUTION OF THE CITY COUNCIL
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: • �._. NO. 2838
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Adopted by the City Council of the City of Orono,
Minnesota at a regular meeting hel.d on the 23rd ,day of Ju1y,
199:0.
ATT T:
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Dorothy Hal in, City Cle�= Jam s R. Grabek, Mayor
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Prope t Owner(s) �
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN ) ��
• The foregoing instrument was acknowledged before me on
this 23rd day of July, 1990, 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. �
THERESA �•M,HNESOTA
�HENNEPIN COUNTY
comm����°'� Notary Public
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�'�`�Y�°� Clt� o� ORONO
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���` RESOLUTION OF THE CITY COUNCIL
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� � . NO. 2838
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STATE OF MINNESOTA ) ''-
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COUNTY OF HENNEPIN )
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On this 3 �'�-1 d�y of Q(,t,�S�" , 1990
before me a Not�ry Publ ' within �nd f r �id county, person�l�
appe�red � t �(���
known to me to be he person(s escribed in and who executed t e
foregoing instrument, �nd acknowledged th�t he (they) executea
the same �s his (their) free �ct and deed.
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` NOTARY PU ' '
• r• THERESA L. NAAB �
` � N HENNEPIN COUNTYTA
` ° � �Ay commission exptres 8-8-92
MY COMMISSION EXPIRES
. STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN ) �
On this �� d�y of �c��s�- , 199 � , before me � .
Notary Public within �nd for s�id County, personally �ppeared
�c,c�i'c�nn�e._ i�...e�e-✓�so-r-� , �ir,�' �w�-►'' known to
me to be the person s described in and who executed the
foregoing instrument, and acknowledged that he (they) executed
the s�me �s his (their) free �ct �nd deed.
_. /l�l�_ /l/(��-,
NOT
THERESA L. NAAB
, NO'TARY PUBLIC-MINNESOTA
�HEN�NE�P��N�COkU�N�e2
MY COMMISSION. EXPIRES
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