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Home My WebLink About#3230-variance-1993 From: 08/31I2004 08:27 #418 P.002 ,• . . � �� • a � o � � � c��rY of o�o�vo � � � G'� RESOLUTION OF THE CITY COUNCI L �E9H.�g'� � � NO. 3 2 3 0 . , A 1tESOLUTION GRANTIl�TG A VARYANCE . TO MUNICII'AL ZONIl�TG CODE • SECTION 10.23, SUBDIVISION 5 (A) � � F'!LE NO. 1790 • . WF�EItEAS, the Mina�toaka Center for the Arts (hereinafter "tbe applicaat"� sought permission of Keith R. Ericksoa to install � directional sign on his resideati.al property located at 2040 North Shore Drive within the Ciry of Orono and legally dcscribed as follows: Commenciag at the southwest corner of I.at 6, Eibridge S Haznes. ist Subdivision of Section ld� Township 117, Range 23 thence southeaasterly 295,08 feet alon,g the sautherly line tbereof.thence southwestarly at right a�gles 207.06 feet to the actual point of beginning thence at an angle to � the left of 9 degrees Q9 miautes to the nortlurly line of Counry Road No. . S 1 thence east along said north li.ne and the same extended to the shore of. � Lake Minnetonka thence aorthessterly �along said shore �lin� to its �intersection with a line parallel with and 207.6 feet southwesterly from the southwesterly line of said Lot 6 thence n�orthweso�rrly aloag� said parallel line to beginnin,g ex liighway. (P.I.N. 10-117-23 31 0002), Hennepia. � County, Mi.nnesota (hereiaafter "property"); and . � yVAEREAS, the applicant has applied to tlu City for a variaflce to Municipal � Zoaing Code Sectian 10.Z3, Subdivision 5 (A) to permit the installation of a direct�ioaal sign at 8 feet in height on a resi.dential lot for the purpose of providing direction w the Minaetonka Cea�er for the Axts where th� zonin.g cod� would not perm.it such use. � � NO'W, THEREF4RE, BE I'I' RESOL'vED.by the City Counc�l of Oroao, � Minnesota: � � FINDIl�iGS � � i. This application was reviewed as Zoning File #1790. 2. The property is located in thc I�R-lA Lakeshore Residential Zoni� Dis�-ict. 3. The Oroao Planni.ng Commission reviewed this �pplieauoa an January 19� 1993 and r�ommended the uaaaimous approval of the proposed variance based upoa the followi.ng findings: , � Page i of j�y 5 � � From: 08/31/2�4 08:27 #418 P.�3 ,; �. �•� � �� . � � 0 � CITY of oRo�o � � ��' . RESOLUTION OF THE ClTY COUNCIL � �9'SO�'� ' � . N0. 3 2 3 0 � � . " � A. The proposed sign sbaU mest all required standards for the installadon of signs within the City. B. The Heanepin County Department of Transportation has selected the location for the sign at the iatersecdon of Counry Roads 15 and 51 fiading � ao restrictions on sitiag for vehiculax usera of the i:nursection. 4. The Ciry Council fi.nds that the conditions existing on tbis property axe pectiliar to it and do aot apply generally to other properry ia tlus zoni�,g district; that giBIItlII,$ i�1C VSLIBIIC� WOtlid IIOt A(�VCIBCly 3ffeCt trefF1C CO�t1.0IIS, light, air nor pose a 5re bazard or other danger to neighborit�g property; would aot merely serve as a coave 'nience to the appl�caat, 'but is aecessary to alleviate a � � demonstrable I�axdship or difflculty; is aecessary to preserve a substantial propexty� right of the applicant; and would be in keeping with the spirit and intent of the Zoniug Code and Comprehensive Plaa of the Ciry. � � S. The City Council has caasidered this applicatioa including the findings aad recommendations of the Plaaning Commission� reports by City staPf, comn�ents , by rhe applicant and the effect af the proposed variance oa the health, safety and welfare of the commuairy. � � CONGY.USIONS, ORUER AND CONDITYONS � Based upon one or more of the findings noted above, the Orono City Couacil hereby gxaats a variance to Municipal Zonin� Code Section 10.23, Subdivision 5 (A) to permit the installation of a directional siga oa a residential propesty located at 2040 North Shore Drive , for the benefit of the Minnewnka Center for tho Arts, subject to the follow�; condidons: 1. Applicant shall obtain.an access easement from the owner of the subject property to allow for the regular msintenaace of the siga. 2. Applicant shall obtain a buildiag permit froxn the City of Orono. The applieation for a building pernut shall include a site plaa locating directional sign 5 fat from all lot lines. . 3. Authorities graated by this varia�.ce run with the properry not with the applicant, but are permissive oaiy and must be exercised by application for a buildiag permit within, oae year of the date of Council.approval, or.this vatiance will expire on that date (Febivary 8, 1994). � � _ _ . .,. _ . From: 08/31/2004 08:27 #418 P.O(l4 . ,�. . � �� . 0 0 . CITY of o�ONO � a a � . �,� G� RESO�UTiON OF THE CITY COUNCiL r`9kESII�� N O. 3 2 3 0 ' . 4. Violation of or uon-compliance. with any of the terms aad conditions of this variance s�all constitate a violatioa of the zonin,g code, sball automatically � termiflate a�y authoaty graated herein, aad shalt be punishable as a misdemeaaor. g, The undersigned applicant and.authozized agent of the Minnetonka. Center for the Arts and owner of the properry bave r�ad, understood �nd hereby agree to the terms of this resolution and on behalf of themselves, their heirs, succesaors and assigns, hereby agree to the recordaag of thiis resolution in.the Chain of Tit1�e of ' the property. . �dopt�ed by the Ciry Council of the Ciry of Orono� Mi�n�sota at a regular meeting held oa the Sth day of February, I993. ' . A T: � . . . . � � � o��y , Ciry Clerk ward J. C , Jr., Mayor � �� , Pro erty Owner (s) . , . .� . / ' ^ � - . Auth�ized Agent of Minaetonka Center for the Arts STA1'E�OF MINNESOTA ) � . ) ss. � COUNTY OP HE�fNEPIN ) The foregoiag insavmeat was acl�owledged before me on this 8th day of February, 1993 by Fdward 7. Callabaa, Jr. and Dorothy M. Hallin� Mayor and Ciry C1erk of the City of Orono, a Minnesota muaicipal corporation and said iastrumeat was executed on behalf of the City. . c��a w�saww . t. � ''HekN�i�c�"'e�u�mr� No Public � . �r co�w�saH oc�u�s�se. . From: 08/31/2004 08:27 #418 P.�S � �� 0 CITX of URONO � �. � � � �'�� RESOLUTION OF THE CITY COUNCIL . ��kESS�4�' . . N0. 3230' • sTA� oF MaNxEsoTA ) . � ) ss. . COtJNTY OF HENNEPIN ) pn� // � day of ��,d�'ua rcr , 1993 before me a Notary . Public within and for said county ersonallY aPPeared.,t��h n. /�u r#%n 5 a�,� u r��,o�,•z.�� rn, ^ �^�r��c rsa��e to be the person(s) described in aad who executed , e foregoing iastrument, and ac.l�wwledBed that ho (they) executed the same as his �their) ficcee act aad cleed. � ' DA S. VEfi � ^' � v , N07ARYlPUBLIC- MINN6SOTA NOTARY PUBLIC � � � MyH�;�o�nMexP��2�e STATE OF NIINNESOTA ) � . ) ss. COUNTY OF HENNEPTN ) � , pa this f o�� da�+ of � -e,b ru a� , 199.3 before me a Notary Public within for said counry.personally appeazed ; % �i'�'�-�SO1 � r � ]mowu tv me w be the person(s) described in aad who execuud the foregoir�g iastrument, and aclaiowledged that he (they) executed the same as �is (their) free act aad deed.. LINDA S. VfiE � 15� � v�.� � NGTARY PUBLIC• MINNBSOTA NOT Y PUBI.IC � MyH�1��ile�lOn axplres e-1?+�96 Page 4 of�4/ 5 . From: 08/3112004 08:27 #418 P.006 � '� �'� � � . CI�'Y ,O,. Q of ORONO . : � RE90LUTION OF T� CITY COUNCIL � �� y�," NO. ��n � �' ' . � O��G. � � � � STATE OF MINNESOTA ) � ) ss. � COUNTY OF HENNEPIN ) . � On this %� � � day of ��.6 ru a�4 , 199�before me a Notary . P u ti l i c w i c l i i n and for said coun t y,p ersonall y a p p e a r ed a na C.• �r;c.K s on ,.,i ma��;e�C � laiown to me to be the person(s).described in and who executed the faregoing instrument, and aclmowl�dged that he (they) executed the sa�me as his (the�r)�free , act and deed. � � . � � .�� FI � �/�-� . � NOT Y PUBLIC � � STATE OF MINNBSOTA ) � � , � � � � , � ) as. � � � COUNTY OF IiENNEPIN ) � � Oa this day of , 199 befvre me a Notary � � Public wlthi.n and for said county,personally app�ared � � known t�me to be�the person(s) described in and who executed the foregoing instrument, and acl�owled�ed that he (they) executed the same as 1us (their) free act an� deed. , NOTARY PUBLIC Pagc 5 of 5