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Home My WebLink AboutResolution 1509 � � � „ ~�7. -- Clt� o� ORONO. i 1, RESOLUTION OF THE CITY COUNCIL � NO. 1509 � . � � � Granting A Variance to Municipal Zoning Code Section 34.452 — File 762 Whereas , ThomasCorson (hereafter "applicant" ) istheowner of a property located at 4195 Highwood Road within the City of Orono (hereinafter "City") and legally described as Lots 2h, 27 and 2�, Highwood Lake Minn�etonka (hereafter "property") ; and Whereas , the applicant has applied to the City for a variance to municipal zoning code section 34. 452 to permit the construction of a 24' x 32' detached garage to be located 9. 6 feet from the street property line instead of the required 35 feet. Now, Therefore Be It Resolved by the City Council of Orono , Minnesota : Findings • l . This application was reviewed as zoning file no . 762. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planninq Commission reviewed this application on July 18, 1983, and recommended approval of the variance as proposed ba"sed upon the following findings: a) Severe slope of land to the immediate south of proposed garage. b) Location of a mature oak and several small trees to the immediate south of proposed qarage. c) The proposed setback will allow use of the existing gravel turnaround and cut down on additional hardcover . 4. 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 variances on the health , safety and welfare of the community. 5. The City Council finds that the conditions existing on this � property are peculiar to it and do not apply generally to other property in this zoning district: that granting the variances page 1 of 4 . � � - Clt� o� ORONO � < RESOLUTION OF THE CITY COUNCIL NO. 1509 . • � • - • • ' :.� :.. would not adversely effect .traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the owner , but is ne�essary to alleviate ademonstrable hardshipordifficulty; isnecessary to preserve a substantial property right of the owner ; and 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 a 24' x 32' detached garage on th� property legally described above to be located 9. 6 feet from the street property line instead of the required 35 feet subject to the following conditions: � 1 . The detached garage may never be used as a guest house/second : residence nor may a home occupation be conducted within the accessory structure. 2. The doors of the detached garage must face away from the . street with turnaround provided on the property. . 3 . The detached garage will not be permitted to have interior plumbing . 4. No other variances are granted or permitted for this structure. 5. .Authorities granted by this varianc.e run with the property not the the owner , 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 � (August 8 , 1984) . � 6. Violation • o'f or noncompliance with any of the terms and conditions of this variance shall �onstitute a violation of the zoning code, shallautomatically terminateanyauthority granted herein, and shall be punishable as a misdemeanor . 7. The undersigned owner has read , understood and hereby agrees to the terms of this resolution and on behalf of himself , his � heirs, successo.rs and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. page 2 of 4 , �, .. �� ;,;: � . C�t� o� ORONO l RESOLUTION OF THE CITY COUNCIL NO. 1509 • • � • • � Adopted by the Orono City Council on this 8th day of August , 1983. ATTEST: ` CITY OF ORONO '!�. �� City Clerk Mayor (1) ��-� Property Ow er (s) � (2) � � Propert Owner (s) (3) ' � . Property Owner (s) ,WHN R. L3ERHARDSON STATE OF MINNESOTA ) , � �HENNEPINcCOUNTYr� ) s s. '''� M�r oommts�ion�pke,to.2d� COUNTY OF HENNEPIN ) On this �_� day of , 1983, before m�e a Notary � Public within and for said County, personally appeared .,�� r�K.C�.��Q. �,y,,L��,�Q�,��l,�% known to me to � be the person (s) described in and who e' ecuted the foregoing instrument, and acknowledged that he (t-hey) executed the same as his (their) free act and deed . � . ��,' ��.�,,.a-.1 NO ARY PUB� IC �v '�� MY COMMISSION EXPIRES � page 3 of 4 . . .� - � '`., � � C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 1509 � • . � ' • • ° .:.<<.�i�,4: STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of , 1983 , before me a Notary Public within and for said County, personally appeared known to be the person (s) described in and who who executed the foreqoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed . � NOTARY PUBLIC S' MY COMMISSION EXPIRES STATE OF MINNESOTA ) ) s s. .. COUNTY OF HENNEPIN ) � On this day of , 1983, before me a Notary Public within and for said County, personally appeared ' known to me to be the person(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 . • � NOTARY PUBLIC ' MY COMMISSION EXPIRES This document is being- recorded for the benefit of the City of Orono per . Minnesota Statutes 386.77. State Deed Tax Due Hereon: Exempt � This instrument was drafted by: City of Orono P. O. Box 66 . C•rystal Bay, MN 55323 � page 4 of 4