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HomeMy WebLinkAboutResolution 2870 i V * •"� n Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL • NO. 2870 • - • � A R$SOLDTION GRANTING A VARIANCE TO MQNICIPAL ZONING CODE SECTION 10.03, SIIBDIVISION 14 (D) FII.E #1577 WHEREAS, Norman Torrison (hereinafter "the applicant") is owner of the property located at 2250 Longview Circle within the City of Orono (hereinafter "City") and legal ly described as fol lows: Lot 4, Block 1, Longview, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City of Orono for a variance to Municipal Zoning Code Section 10.03, Subdivision 14 (D) to permit the construction of a tennis court to be located less than the required 30' setback from the side lot line. NOW, THEREFORE, BE IT RESOLV$D by the City Counci 1 of Orono, Minnesota: • FINDINGS , ' �� �'� 1. This application was reviewed as Zoning File #1577. , - 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on August 20, 1990 and recommended approval of the proposed variance on a vote of 3 to 2 based upon the following findings: a. The proposed clay tennis court is proposed at the normal tennis court orientation of north/south. Topography at the site is such that as the tennis court moves further from the side lot line, the topography steepens so that additional grading would be necessary and many additional trees would have to be destroyed to accomodate the tennis court. b. Tennis court �is proposed to be located 90' or more from the nearest neighboring residence structure. c. If the tennis court is not provided with lighting, it will have little impact on neighboring properties. Page 1 of 4 • • � Cit� o� ORONO • �` s� :�� RESOLUTION OF THE CITY COUNCIL � NO. 2,g�n • - • • 4. The City CounciX has considered this app�.ication incl.uding the findings and recommendations of the P3.anning Commission, reports by City staff, comments by the appXicant and the effect of the proposed variance on the heal.th, safety and weXfare of the community. 5. The City Councix finds that the conditions existing on this property are pecuXiar to it and do not app�y genera3.xy to other property in this zoning district; that granting the variance wouXd not adverseXy affect traffic conditions, 3.ight, air nor pose a fire hazard or other danger to neighboring property; wouXd not merel.y serve as a convenience to the appXicant, but is necessary to aX�.eviate a demonstrabXe hardship or difficuXty; is � necessary to preserve a substantiaX property right of the appxicant; and wouXd be in keeping with the spirit and intent of the Zoning Code and Comprehensive P1an of the City. • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City C'ouncix hereby grants a variance to MunicipaJ. Zoning Code Section 10.03, Subdivision 14 (D) to permit the construction of a tennis court to be I.ocated 10' from the side Xot 1.ine where a 30' side setback is normaxl.y required, subject to the fo1.3.owing conditions: 1. The tennis court may never be provided with �.ighting. 2. AppXicant shaX x adhere to the site p1.an attached to this resoXution as Exhibit A. Further, appXicant shaXx p�.ant additionaX shrubs and trees (number and size to be determined by City staff ) to adequatexy screen the tennis court from neighboring properties. 3. Authorities granted by this variance run with the property not with the appXicant, but are permissive onl.y and must be exercised by appXication for •a buixding permit within one year of the date of Councix approva3., or this variance wi�.x expire on that date (September 10, 1991). 4. VioXation of or non-compXiance with any of the terms and conditions of this variance sha�.X constitute a vioXation of the zoning code, shaXX automatica�xy terminate any authority granted herein, and shax�. be punishabXe as a misdemeanor. • 5. The undersigned appXicant has read, understood and hereby agrees to the terms of this reso3.ution and on beha�.f of himseXf, his heirs, successors and assigns, hereby agrees to the recording of this resol.ution in the chain of titXe of the property. Page 2 of 4 . C�t� o� ORONO • ��'�`�"�� '�`- RESOLUTION OF THE CITY COUNCIL .i». �� , ��'��'S • NO. 2870 • - � � w;,;�,�;: Adopted by the Orono City Council on this lOth day of September, 1990. ATTEST . ��� o t y lin, City Clerk Jam . Grabek, �o'r r � Property Owner(s) � STATE OF MINNESOTA ) ) ss. • COUNTY OF HENNEPIN ) , � ' '; The foregoing instrument was acknowledged before me on this 1,Oth day of September, 1990, by James R. Grabek & Dorot-hy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. / �C[� THERESA L. NAAB Notary Public � �HENNEPIN COUNTYrA �ay comm�saion expu•�s aa-s� Page 3 of 4 • i , � •� , •,, . � . , Cit� o� ORONO • °<�:�?`� "' RESOLUTION OF THE CITY COUNCIL � f"� • NO. 2870 `• - •� • S = �, MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) � On this � �� day of , 199 � before me a Notary Public within and fo said county, personally appeared � �=, ,S � known to me to be the person(s de cribed i.n and who executed t e foregoing instrument, anc3 acknowledged that he (they) executed the same as his (their) free act and deed. /VCLC�-� NOTARY PUBLIC 'THERE3A L. NAAB �E���expiroaN4&82 • MY EXPIRE�S :� �`STATE OF MINNESOTA ) � )ss. COUNTY OF HENNEPIN ) On this 14`� day of � , 19� , before me a otary Public within and foL said County, personally appeared j'' ,' known to me t be the person ( s ) d cribed in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. � NOT RY PUBLIC NOT RE PUB C�-�M NNE OTA HENNEPIN COUNTY My Commission expiras 9-e-92 MY COMMISSI � Page 4 of 4 • . . . - _ " �.�:._" ---...�.� _ `.�._— -------•�----------- — .. . . . _ � . ...,._.. ...�_ ...._ . .. .... _ -• __ --- - _ _ � -- S���F � l�ic"°S • -- - � --._ � . r• � f • �� \� ` . �• �� . - � . 11 `\ � � • • • `. ` �\ �� � _ � � . 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