The URL can be used to link to this page

Home My WebLink About#5027-variances-2003 � °� 0 0 �� CITY of ORONO r� i' ;��,;�'�. � � � .�s� ti 'C�� O RESOLUTION OF THE CITY COUNCIL 9kES�I�4' NO. — �`� � `� '� A RESOLUTION GRANTING VARIA1�iCES TO MUNICIPAL ZONING CODE SECTION 10.55 SUBDIVISION 8 FILE NO. 03-2922 �VHEREAS, Michael W. Cashman and Jennifer L. Cashman, husband and wife, and Richard J. Migliori and Joan L. Migliori, husband & wife, (hereinafter"the applicants") are the owners of the property located at 168� and 1655 Fox Street, respectively within the City of Orono (hereinafter the "City") and legally described as follo�vs, respectively: Lot 2, Block 1, Hanser Addition, Hennepin County, l�linnesota Lot 3, Block 1, Hanser Addition, Hennepin County, Minnesota (hereinafter the "property"); and `VHEREAS, tne applicants haue made application to the City of Orono for a ��ariance to Orono Municipal Zoning Code Section 10.5� Subdivision 8 to allow the placement of address monuments within the 26' wetland setback �vhere no structure is normally allowed. NOW, THEREFORE B� IT R�SOLVED by the City Council of Orono, �Iinnesota: FINDINGS 1. This application was reviewed as Zoning File#03-2922. 2. The property is located in the RR – 1B zonin� district which requires a minimum lot size of 2 acres. The lot areas of tne affected properties are conformin�. 3. The Planning Commission reviewed this application at a public hearing held on July 21 and August 18, 2003 and recommended approval of the wetland setback variances based on the followin� findings: Page 1 of 5 - � °� o .� o � �a�,� ,� CITY of ORONO ��- ti y �� ~' RESOLUTION OF THE CITY COUNCIL �L� ��G kESII�g' NO. � O � '�' a. The residence structures on the properties are set back from the road substantially and are served by a pri�-ate drive. b. Wetlands and vegetation exist at the entrance to the private drive causing si�ht visibility problems, and the need to demarcate the driveway. c. The existin� private driveway runs through the wetland setback makin� is impossible to place any type of address marker at the drive entrance that wouldn't be located�tlthin the wetland setback. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports 'oy City staff, comments by the applicants and the pub;ic, and the effect of the proposed variance on the health, safety and welfare of the commur_ity. 5. The City Council finds that the conditions existing on these properties are peculiar to them and do not apply generally to otner property in this zonin� district; that granting the �-ariance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to nei�hboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keepin� �vith the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER A_\"D CONDITIONS Based upon one or more of the above findin�s, the Orono City Council hereby grants wetland setback variances to Orono Municipal Zoniilg Code Section 10.55 Subdivision 8 to allow placement of address monuments �vithin the required 26' setback, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity ��ith City codes will require further Plannin� Commission and Citti�Council review. , Page2of5 � °� o _, o �4� CITY of ORONO � ' ,\ �� , ti �� Y �_'��p~' RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. � Q ��'', '� 2. Authorities granted by this resolution run with the property not �vith the applicants, but are permissive only and must be exercised by obtaining a building permit for the ne�v construction within one year of the date of Council approval, or the variance will expire on that date (August 25, 2004). 3. Violation of or non-compliance with any of the terms and conditions of this � resolution shall constihrte a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersi�ed applicants have read, understand and hereby agree to the terms � of this resolution and on behalf of the applicants and the applicants' heirs, success�rs and assigns, hereby a�ee to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on the 25`h day of August, 2003. ATTEST: , - ` _._ ,/� ��e 4��n� L i r yL-s'Lct�" U ��:�� Linda S. Vee, City Clerk Barbara Peterson, l�Sayor , � � � ��Z��`�-"\��nJ�'�,:�.ti ,r .:;�,�,,,� � Michael W. Cashman Jennifer . Cashman (Property o�vners of 1655 Fox Street) � � , .'(�C.C�-�--2 P�j2 c V UG�,�, �/u (-C��l �ichard J. Mi�liori Joan L. NSigliori . (Property owners of 1655 Fox Street) , Page 3 of 5 � o� o �, _ o �,� CITY of URONO � ,� � � ��.:� �, �'�t \y � ��G~ RESOLUTION OF THE CITY COUNCIL �kESH�4 NO. 5 � � '� STATE OF MINNESOTA COUNTY OF HENNEPIN ti The foregoing instrument was ackno�vledged before me on this ��day of �L :�-��, 2003 by Barbara A. Peterson, Mayor of the City of Orono, a Minnesota municipal corporation and said instrument��as executed on behalf of the City. ti � RACHEL DO�GE � �� e"� M�ci,�e�oT,a � �C�L� y'�_� �'LC,( � �� ' T: NOTARYPUBUC'��p� 3�,._�� NotaryPublic y n � }; ; ►�ty Comrti�ssio�E�P� - _- .�.."y'��_.-----� STATE OF MINNESOTA COUNTY OF HENNEPIN 1 The foregoing instrument was acknowledged before m�e on tlis�day of !�-` �t-�--? f , 2Q03 by Linda S. Vee, City Clerk of the City of Orono, a Minnesota rr�unicipal corporation and said instrument was executed on behalf of the City. '� RACHEL DODGE ��C�L C 6L.�C_ I��,C ,, ��:;. �— � `••�� NOTARYPUBLIC-MiNNE�orA ;: � Notary Public � My Commissbn Expi�es Jan.31,2Q('S �' __ , . �__ ____ ��:.;,"",�"'-. State of l�linnesota ) ) ss. County of Hennepin ) This instn:ment was acknowledged before me this Znc� day of �C�Dl'1'1_� 2003 by Micheal W. Cashman, husband of Jennifer L. Cashman. � �� JEANNE M.ATHEY � .�;i`�=�� °;:,, ,�a;-_�' NOTARY PUBLIC-MINNESOTA �a;Y;y{� My Commission�pires 1-31•2005 NOt Public Page 4 of 5 - � o� o ,_, o �� CITY of ORONO � ,� � �� n. ;� � � �� ~' RESOWTION OF THE CITY COUNCIL �� \ i��G kESH�4 NO. 5 () 2 `� State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowled�ed before me this � { day of �, , 2003 by Jennifer L. Cashman,wife of 1�iicheal W. Cashman. y �Hks � �ti „_,�q JEANNE M.ATHEY � �� NOTARY PUBLIC•MINNESOTq ��<_�'�;,�' Nty Commission Expires 1-31•2005 �O ry PubI1C State of Minnesota ) ) ss. County of Hennepin ) This instniment was acknowledeed b�fore me this�dav of CJC��, 2003 by Richard J. Migliori, husband of Joa� L. Migliori. � x r: � , , JEANNE M.ATHEY ' � �:- � ; NOTARY PUBLIC-MIN�VESOTA � '�`'='=�� \o� Public - _ Nl�Ccrrmission Expires 1-31-20�5 :_...,�...:�:-.o-........ i State of Minnesota ) ) ss. County of Hennepin ) This instrument was acknowled�ed betore me this n a( day of��_ 2003 by Joan L. Migliori, wife of Richard J. �iigliori. � � T _ JEANNE M.ATHEY � �:�,? ' NOTARY FUBLIC-MINNESOTA �� a �'" ' P�'i Comm�ssion Expires 1-31-2C05 \ot Public Page � of 5 -