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Home My WebLink About#1509-variance-1983 ' � .',� � ��l/ _ `��.��b �Gr�/`�'"_ � .- � :�� -� il ��`� � �' Cit o� ORONO �'` �p 1 ,.A ��,a i.�� f1�y 'V�W' `'J��':"-�,'•i � •-� ,xp: }. ,. {./ � ;''..R+.,'ti� .': °,`s."y ` RESOLUTION OF THE CITY COUNCIL .� e`�:��`'�� 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 Hi hwood Ro d within the City of Orono (hereinafter "City") and legal y escribed as Lots 26, 27 and 28 , Highwood Lake Minnetonka (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. 5 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 1 . 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 Planning Commission reviewed this application on July 18 , 1983 , and recommended approval of the variance as proposed based 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 garage . 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 pecul iar to it and do not apply generally to other property in this zoning district : that granting the variances page 1 of 4 . , �� c�t.� o� oR,oNo � �� RESOLUTION OF THE CITY COUNCIL .=r-��' � NO. 1509 �� , ',, � � �" . ,4 �� w. 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 necessary to alleviate ademonstrablehardshipordifficulty; 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 pla.n of the City. CONCLUSIONS , ORDER AND CONDITIONS Based upon the above findings , the Orono Ci.ty Council hereby grants a variance to Section 34 .452 to allow construc�ion of a 24' x 32' detached garage on the property legally described above to be located 9 . 5 feet from the street property line instead o� 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 variance 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 (Auqust 8 , 19R4) . 6 . Violation of or noncompliance with any of the terms and conditions o.f this variance shall constitute a violation of the zoning code , shallautomaticallyterminateanyauthority granted herein, and shall be punishable as a misdemeanor . 7 . The undersigned owner hasread , understood and herebyagrees 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. page 2 of 4 '�p'� - � l �. Cit� o� ORONO �� -,�,:�1: 4 , �✓ �� RESOLUTION OF THE CITY COUNCIL � NO. 1509 � • � • • AdoptPd by the Orono City Council on this 8th day of August , 1983 . ATTE�T: CITY OF ORONO ��.�P�� City Clerk Mayor �- (1) �.-�..��— Property wner (s) ( 2) c Proper Owner (s) � c 3� /--�� 'l'�� ??� .� � . Property Owner (s) STATE OF MINNESOTA � N�pTARY PUBUC-MINNE80tA ) s s . '� �qr�amNmNi��r:Nto�+zYw COUNTY OF HENNEPIN ) On this day of �,�a-c;�✓�. . 1983 , before me a Notary Publi; within and for �said County, personally appeared ��,��.�� ,c�-�-,.� ��u�,�-L-, cx.�_.--,.a..�-. ,(�.-�-��-.k��Jilt�.�/L known to me to be the person (s) described in and who executed the foregoing instrument , and acknowledqed that he (they) executed the same as his (their) f_ree act and deed . ��r � _�?--��,�.��-t,--•� N TARY PUB IC ,f�U ��''�� MY COMMISSION EXPIRES page 3 of 4 � l Clt� o� ORONO RESOLUTION OF THE CITY COUNCIL NO. 1509 � • +� � • • ��R,�u� �'�4� c �^d., STATE OF MINNESOTA ) . ) ss . COUNTY OF HENNEPIN ) On this � y :�.3- da of /��'��' , 1983 , before me a Notary Public within, and for said C ou n t y, p e r s o n a l l y a p p e a r e d � ��'��'� � ��1�� known to be the person (s) described in and who who executed the foregoing instrument , and acknowledged that he (they) executed the same as his (their) free act and deed . c / � CGOn,:�ON E. r10LM � �� //�s/ '""y"'�� ' NO ARY PUBLIC ie^`' NOTARY PUBLIC-MINNESOTA > �::��.s HEN�VEPiN COUNTY :ti ti� ' �-r f/ � �i �! �"� MY COMMISSION EXPIRES STATE OF MINNESOTA ) ��1�YJJ�� ) ss . COUNTY OF ) On this ' � day of , 198� before me a Notary r.+ Public within and f r said County, personally appeared �� L E � 1 L 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 . ,�„o.,. � �,��. •��;-"�;_; f,UTHE HUNT N TARY PUBLIC NOTARY PUBLIG-MINNHSOTA � RAMSEY COUNTY My Commission Expires IULY 13. 1990 r-.,.�.�..nw,...,�n.��>,�-k.-�„��.. 7'/�� 1 � 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 Crystal Bay, MN 55323 page 4 of 4 � . i SmAT� OF i•1IP1T1ESOTA ) ) COUrdTY OI' H�IdP1FP IN ) s s. . � CITY OF OROTdO ) " I , Alberta r2. Strorn, City Clerk of the Cityo uf Orono, Hennepin County, P�iinnesota, do hereby certify that I have compared the foregoing cop�� of a resolution o.f_ the City Council of the Citv of Orono with the original record of such resolution in the P•iinutes of the proceedings of said City Council at a meeting of said City Council held on August 8 , 1983 , and that the same is a true and correct copy of_ said original record and that said resolution was duly adopted by said City Council at said meeting. In �7itness tdhereof, I have hereunto set r.ty hand and seal this 9 , day of August , 19 83 . (�(' i�/� .�1" Alberta P�. Stror.►, City Clerk (SEAL)