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HomeMy WebLinkAboutResolution 3130 _ •�l . . . � ,� � �� ; ;r� � � _ � � � � � � : � ��b. C ITY of ORONO . � F � , ' ��� G'�' RESOLUTION OF THE CITY COUNCIL � �kESH�4�' Np, 3130 ! � A RSSOLIITION GRANTING . � A VARIANCE TO � MIINICIPAL ZONING CODB � S$CTION 10.03, SIIBDIVISION 15 (C) � FILE #1731 � WH$R$AS, Clair T. Rood, hereinafter "the applicant") is the owner of the property located at 3240 and 3280 Navarre Lane within the C3.ty of Orono (hereinafter "City" ) and legally described as tollows: Lots 54, 55, 56, "Wallace's Addition to the Village of Minnetonka Beach", Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) to ' permit the construction of fencing consisting of hedges and 4 1/2' ihigh pillars where only a 3 1/2' high pillar would be allowed adjacent to a public right-of-way. NOW, TH$R$FOR$, B$ IT RESOLV$D by the City Council of Orono, M3.nnesota: FINDINGS 1. This application was reviewed as Zoning File #1731. 2. The property is located in the LR-1C Zoning District ; , requiring 1/2 acre in area. Each lot meets or exceeds. a 1/2 : acre dry contiguous area. � 3. The Orono Planning Commission reviewed this application on May 18, 1992 and recommended approval of the proposed variances based upon the following findings: a) The unimproved right-of-way referred to as Hillside Place shown at a 25' width does not meet width � requirements for a public or private road and that . based on current zoning the roadway will only serve a maximum of two residential units. b) The proposed location of the 4 1/2' high pillars within the street yards of the properties wi 11 not create a sighting problem for the users of the unimproved right- � of-way of Hillside Place. ,- Page 1 of 4 , � . Cy,. � . . . . . . . . . . , , . � . � . . .. . . � O� . . . . . • O ' O �e. - CITY of ORONO � � ti ��� �G'�' RESOLUTION OF THE CITY COUNCIL �kESH�4 Np, 3130 4. 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, 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 Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the • effect of the proposed variance on the health, safety and welfare of the community. CONCLIISIONS, ORDffit AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 15 (C) to permit the construction of fencing consisting of hedges and 4 1/2' high pil lars where 3 1/2' high pil lars would be allowed adjacent to a public right-of-way, subject to the following conditions: ' l. Applicant shall alter height of pil lars within front/street yard of properties to a 3 1/2' height and to a 3' height for those pillars located within the traffic visibility area at the intersection of unimproved Hillside Place and Navarre Lane by July 8, 1992. Applicant shall maintain fencing at 3' height in traffic visibility area defined as follows: "Beginning at the intersection of the projected curve lines of two intersecting streets, thence 30' along one curb line, - thence diagonally to a point 30' from the point of beginning on the other curb line, thence to the point of beginning. " • Page 2 of 4 . � ... . . ... - - - . . . .. _ � . _ _.._._. _ . .. . • . ; . �_ , . . . . i..' . . .. � . ... . . . . . . . . . . .. . � O�� * , . . . . . . . • O � ^ O b. CITY of ORONO � � ��� �G'�'� RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 313 0 2. Violation nf or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. 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. Adopted by the Orono City Council on this 8th day of June, 1992. ATT T: . � i��2�r��-�c� • orothy . allin, City Clerk Barbara A. Pete son, Mayor � � � , �-` r� Clair T. Rood Property Owner(s) STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknow ledged before me on this Sth day of June, 1992, by Barbara A. Peterson & 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. LINDA S. VEE - � ��� � NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY • S . My commission expires 8-12-96 . NO't ry Public Page 3 of 4 . .* ' � ` - , . � O� • O : O �b� - CITY of ORONO � � ��� ��'�'� RESOLUTION OF THE CITY COUNCIL �kESH�g' NO. 3130 STATE OF MINNESOTA ) � ) ss. . COUNTY OF HENNEPIN ) On this 9� day of �in� , 199 � before me a Notary Public within and for said county, personally appeared �y�n ,b� �o e� a rr'�ec� known to me to be the person s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S. VEE � � ��-� NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My cammisslon expires&12-98 NOTA PUBLIC • , STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this � day of , 199� before me a Notary Public within and for aid County, personally appeared ��� � . J 'T G�_�_�_.�� known to me to be the person(s) described in and who executed the foregoing instrument, and acknowledged that he (they) executed the same � as his (their) free act and deed. r._� o��. Nou►sv ����� NOTARY PUBLIC Irryr Cprwn. F�p.3�&97 � Page 4 of 4 � � .