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Home My WebLink About#3230-variance-1993 , r . / � �� / Or O �� b�-, � CITY of ORONO � ,� � �',� �'� RESOWTION OF THE CITY COUNCIL �9kESH�4� NO. 3 2 3 0 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 5 (A) FILE NO. 1790 WI�REAS, the Minnetonka Center for the Arts (hereinafter "the applicant") sought permission of Keith R. Erickson to install a directional sign on his residential property located at 2040 North Shore Drive within the City of Orono and legally described as follows: Commencing at the southwest comer of Lot 6, Elbridge S Barnes, lst Subdivision of Section 10, Township 117, Range 23 thence southeasterly 295.08 feet along the southerly line thereof thence southwesterly at right an.gles 207.06 feet to the actual point of beginning thence at an angle to the left of 9 degrees 09 minutes to the northerly line of County Road No. 51 thence east along said north line and the same extended to the shore of Lake Minnetonka thence northeasterly along said shore line to its intersection with a line parallel with and 207.6 feet southwesterly from the southwesterly line of said Lot 6 thence northwesterly along said parallel line to beginning ex highway. (P.I.N. 10-117-23 31 0002), Hennepin County, Minnesota (hereinafter "property"); and WHEEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (A) to pernut the installation of a directional sign at 8 feet in height on a residential lot for the purpose of providing direction to the Minnetonka Center for the Arts where the zoning code would not permit such use. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1790. 2. The property is located in the LR-lA Lakeshore Residential Zoning District. 3, The Orono Planning Commission reviewed this application on January 19, 1993 and recommended the unanimous approval of the proposed variance based upon the following findings: Page 1 of�� 5 . � O _ V O O -��t� CITY of ORONO ,� � � ti �',� G'ti RESOLUTION OF THE CITY COUNCIL L�kESIIOg'� N O. 3 2 3 0 A. The proposed sign shall meet all required standards for the installation of signs within the City. B. The Hennepin County Department of Transportation has selected the location for the sign at the intersection of County Roads 15 and 51 finding no restrictions on siting for vehicular users of the intersection. 4. The City Council fmds that the conditions existing on this properry are peculiar to it and do not apply generally to other properiy 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 properry; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or di�culty; 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 Ciry. 5. The City Council has considered this application including the fmdings 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.23, Subdivision 5 (A) to permit the installation of a directional sign on a residential property located at 2040 North Shore Drive for the benefit of the Minnetonka Center for the Arts, subject to the following conditions: 1. Applicant shall obtain an access easement from the owner of the subject property to allow for the regular maintenance of the sign. 2. Applicant shall obtain a building permit from the City of Orono. The application for a building permit shall include a site plan locating directional sign 5 feet from all lot lines. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (February 8, 1994). Page 2 of�y 5 � , �., � O _V O O , - C ITY of ORONO � � �'� G'� RESOLUTION OF THE CITY COUNCIL ' ��kESI30�� N O. 3 2 3 0 4. Violation of 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. 5, The undersigned applicant and authorized agent of the Minnetonka Center for the Arts and owner of the properry have read, understood and hereby agree to the terms of this resolurion and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the properry. Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held on the Sth day of February, 1993. AT ST: �- orothy in, City Clerk ward J. Ca , Jr., Mayor �� Properry Own`er (s) ,� �, , �/��iJ��I // _ ^ ' ` ��-�-� Authorized Agent of Minnetonka Center for the Arts STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 8th day of February, 1993 by Edward J. Callahan, Jr. and Dorothy M. Hallin, Mayor and City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. c�n. w►s�uw •� ` NOTAtiY PUBLICr-#IMVE80TA HENNEPIN COUNTY Notary Public MY COMttA1SSpN EXPIRE9 8•2�90 Page 3 of�JI 5 � O� O O ��, - C ITY o� ORONO � � ti �',� G'ti RESOLUTION OF THE CITY COUNCIL �`4k'ESH�4� N O. 3 2 3 0 STATE OF MINNESOTA ) ' ) ss. COUNTY OF HENNEPIN ) On this j/ �--h day of Fz,�J�'u c� r , 199 3 before me a Notary Public within and for said county��reSrsonally appeared �u l�,h �. /�cr�f :h s o n� a�.�.f�►a��'z�� +�.�/h;n n e nKw ��fe�-��te xnown to me to be the person(s) described in and who executed e foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed. ' LINDA S. VEE � � � � NOTARY PUBLIC - MINNESOTA NOTARY PUBLIC HENNEPIN COUNTY � - Nly commissian expves 8-12-98 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this f�-� day of �-�,b�'�a r� , 1993 before me a Notary Public within for said county,personally appeared �� ; �� - Cr�'��s o n , �,,,,,r r,'L known to me to be the rerson(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 ` /� ' `��' No HENNEPIN COUNTY TA NOT Y PUBLIC � My�m�selon expires 8-12-98 Page 4 of f�j 5 1 � �' ��' CITY of O � O ORONO �.�T� RESOLUTION OF THE CITY COUNCIL � ��.�� 4;� �ti NO. ��n Y ��9x og�G ESii STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /� � day of �e b /'c�a�� , 199�before me a Notary Public within and for said county,personally appeared '�Le c�n n a L. Cr;c.Ks o n yy�u�r,'p� 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. :CE� � �� NOT Y PUBLIC STATE OF MINNESOTA ) , ) ss. � COUNTY OF HENNEPIN ) On this day of , 199_before me a Notary Public within and for said county,personally appeared 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 actand deed. NOTARY PUBLIC . Page 5 of 5 Fomsaas asaoro