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Home My WebLink AboutResolution 1466 , ti _ . `::',•,�'�`r�r �Z� o� ORONO <• � � "u RESOLUTION OF THE CITYCOUNCIL �±�Y` NO. 14 6 6 � .. -tia'f,+�•. � • ��": � � Granting A Variance To Municipal •:;,�,-� Zoning Code Section 34. 452. - File 728 Whereas , Gabriel Jabbour is the owner (hereafter "owner") of property located within the City of Orono (hereafter "City") at 780 Tonkawa Road , legally described as: All of Lot 15, Parten Point First Division except that part described as followss Beginning at a point on the Southeasterly line of said Lot 15, 184 . 3 feet Northeasterly from the most Southerly corner thereof; thence Northeasterly along a line which forms an angle of 9°45' with the Southeasterly line of said Lot 15, to the shore of Stubbs Bay, Lake Minnetonka; thence Easterly along said shoreline to the Southeasterly line of said Lot 15; thence Southwesterly to beginning , (hereafter "the property") ; and • Whereas , the owner has applied to the City for a variance to municipal zoning code section #34. 452 to allow construction of an accessory building setback 26 feet from the front property line, (street right-of-way) instead of 35 feet as required by said section. NOW THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota : FINDII�IGS 1. This application was reviewed as zoning file No. 728 . 2. The property is located in the LR-1B One Family Lakeshore Residential Zoning District. 3. The proposed accessory building is to be no larger than 24 ft x 24 tt, one story high. � 4. The Orono Planning Commission reviewed this application on 2-7-83 and recommended approval of the variance as requested , based upon th� � following findings: a) If the structure were located, at the required setback, it would require the removal of several mature trees. , �� b) The location of the proposed accessory structure will not � increase hardcover within the 75' -250' lakeshore setback area. c) The proposed setback is cons.istant with the setback of garages on lots to the immediate north of the property. • . � . � :� . ,,.,, `�E� C�t� o� ORONO • ��,«� � . � P` RESOLUTION- OF THE CITY COUNCIL '�i NO. 14 6 6 ':, � • � • • .. :�` � d) The location of the accessory building will not create traffic hazards or sight problems provided that no new driveway curb cut is created , and that no vehicular doors open on the street side of the building . , e) The proposed variance application does not require any other variances to the municipal zoning code. 5 . The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the owner and other interested persons, and the effect of the proposed variance on the health, safety and welfare of the community. 6. The City Council finds that the conditions exi�sting on this property are peculiar to it and do not applygenerally to other property in this zoning district: that granting the variance would not � adverselyeffect traffic conditions, light, air nor pose afire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , butisnecessaryto alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the owner ; arid would be in keeping with the spirit and intent of the zoning code and comprehensive plan° of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Section 34.452 to allow construction of the proposed accessory building on the subject property with a front yard (street) setback of 26 feet instead of the required 35 feet, subject to the following conditions: 1. Any doors over 3 feet� wide shall face away from the street . 2. No other variances are granted or permitted for this structure. 3. Authorities granted by this variance run with the property not with the owner , but are permissi've only and must be exercised by application for a building permit and/or occupancy certificate within one year of the date of Council approval , or this variance will expire on that date (March 14 , 1984) . • • .• , - � y �: . �'.� � . � ::� C�t�.o� ORONO . . � � f`�y RESOLUTION OF THE CITY COUNCIL � - x NO. 1466 � . • .��... � • . °<4i�:y 0 . 4. Violation of or non compliance��iith 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 owner 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 14 day of March , 1983. . • _ � � ATTEST: CITY OF ORONO C� � . �a_��.� �;�, C�_ � City Clerk Mayor (1) (2) Prop y Owne ( ) � STATE OF MINNESOTA ) . - ) ss. COUNTY OF HENNEPIN ) � ` - On this /� day of , 19 d'.3 , before me, a Notary Public wit in �and o said C unty, personally appeared known to me o be the p son(s) described in and w o executed the foregoing instrument, and acknowledged that he (they) executed the same as his (their) free act and deed . q� �ac.;L,;a,>o.�or.., - ::��, MARY S. WOYTCECE N TARY P LIC ' '�.�e►� � NOTAHY PU6LiC-MINNESOTA �' � HENNEPIN COUNTY �9 �q�,3 �� My Commiufon Expires�f�v.19,1987 � X�?Gi�� MY OMMISSION EXPIRE , This document is being recorded for the benefit of the City of Orono per Minnesota Statutes 3B5.77. State Deed Tax Due Hereon: Exempt This instrument was drafted by: City Of Orono P.O. Box FF ' Crystal Bay, Mn 55323 � �