HomeMy WebLinkAbout#5137-denying variance-2004 o , o
CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
��`�kESiIOg�O NO. 513
A RESOLUTION DENYING A
CONDITIONAL USE PERMIT PER MUNICIPAL
ZONING CODE SECTION 78-967 (B) (3)
FILE#04-2973
WHEREAS, the City of Orono is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City
Council of the City of Orono has adopted zoning regulation for the protection of the
public health, safety and general welfare; and
WHEREAS, Minnetonka Custom Homes (hereinafter "the applicant") is the
owner of the property located at 4753 North Shore Drive within the City of Orono
(hereinafter"the City") and legally described as follows:
Lot 4, Block 6, BERGQUIST & WICKLUNDS PARK, Hennepin county,
Minnesota and that part of Lake Street as dedicated in BERGQUIST &
WICKLUNDS PARK, Hennepin County, which lies between the southerly
extension of the east and west lines of Lot 4, Block 6, said BERGQUIST &
WICKLUNDS PARK
(hereinafter"the property"); and
WHEREAS, the applicant has applied to the City of Orono for a conditional use
permit to permit a retaining wall and grading within 5 feet of a property boundary,
requesting the following approvals:
1. Section 78-967 (B) (3): To allow a retaining wall and grading within 5
feet of the western property boundary.
WHEREAS, the City Council has reviewed the application; the recommendation
of the City staff and Planning Commission; and the comments and written statements
submitted by the applicant.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono,
Minnesota hereby denies the requested conditional use permit as described above based
on one or more of the following findings of fact concerning this property:
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CITY of ORONO
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RESOLUTION OF THE CITY COUNCIL
SI't0NO. 137
The drainage can be contained on the western boundary of the property
with the retaining walls being constructed at 5 foot setback.
2. The side entrance can be constructed safely, and within the Universal
Building Code standards, with the retaining wall being constructed at 5
foot setback from the western property boundary.
3. 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 conditional use
permit on the health,safety and welfare of the community.
4. As a result of the denial of the conditional use permit, the retaining walls
shall be constructed in accordance with the plan attached as Exhibit B to
the Council Memo dated March 5,2004.
Adopted by the City Council of the City of Orono on this 22"d day of March,
2004.
ATTEST:
Linda S.Vee, City Clerk Barbara Peterson, Mayor
STATE OF MINNESOTA )
( ss.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me on this 22nd day of
March, 2004, by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of
Orono, a Minnesota municipal corporation and said instrument was executed on behalf of
the City.
r RACHEL DODGE
NorARY PUMM-MANN ,oTA i Notary Public
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