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Home My WebLink AboutResolution 1580 �„; � - . >, . . . . Cit� of ORONO . � • l �� RESOLUTION OF THE CITY COUNCIL � NO. 1580 ' ;� • . . . • ' • • Granting A Variance To Municipal � . Zoning Code Section 34.452 - File 782 Whereas, Ole Overboe (hereafter "applicant") is the owner of a property located at 4460 Forest Lake Landing within the City of . Orono (hereafter "City") and legally described as Lot 10, Tonkaview. Gardens , (hereafter "the 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 detached garage 1 . 5 feet from the front/street lot line instead of the required 35 feet. Now, Therefore Be It Resolved by the City Council af Orono , : Minnesota : , • Findings : � 1 . This application was reviewed as Zoning File No . 782. 2. The property is located in the LR-1B Single Family Lakeshore Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 17, 1983, and recommended approval of the proposed variance as amended based upon the following findings: a) The location of the principal residence on the property . � would prevent the proposed sized garage from meeting a front/street setback . � b) There is no additional contiguous , vacant land available for owner to acquire. c) A house has existed on the property for over 20 years without a garage. d) Travelled road and sewer lines within 6� feet right of way ' of Forest Lake Landing is located 20 feet from street/front lot line. e) The proposed improvement is consistent with recent • ' improvements on surrounding properties. � � � ' . . ' � . . _ c�t� o� oR,oNo � s . RESOWTION OF THE CITY COUNCIL � NO. 1580 • • � • • f) The proposed substandard street� setback for the garage structure will not create safety or traffic hazards on this � limited use residential , dead end street. . , 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 the effect of the proposed variance on the health, safety and we�.fare 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 variance 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 a demonstrable hardship or diffi.culty; is necessary to • preserve a substantial property right of the owner ; and would be in keeping with the spirit and intent of �he 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 Zoning Ordinance Section 34. 452 to permit the construction of a 20 ' � X 24' detached garage 1 . 5 feet from the front/street lot line instead of the required 35 feet subject to the following conditions : � . ' 1 . Applicant is placed on notice that there is a limit of 2,1001 square feet of hardcover for this property and with the addition of the detached garage the hardcover inventory will be at ,1 ,640 squarefeet. � Applicant should use this information in planning future improvements , for a future Council may not approve hardcover variances for this property. 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 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 (November 14, 1984) . � f • ♦ F� Cit� of ORONO . �dp�� . . . • � �: , ;��' RESOWTION OF THE CITY COUNCIL � � NO. 1580 • � �� , � - � • ., . :f 4. Violation of or noncompl iance with any of the terms and � conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authoritygranted 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 14th day of November ,1983. ATTEST: CITY OF ORONO � �� C � • City Clerk Mayo . (1)��/� Property Owner (s) (2) Property Owner (s) � (3) - Property Owner (s) � . • • . � ° w ' � ' . �`� �� Clt� of ORONO . d .:�� • ;N�� k, RESOLUTION OF THE CITY COUNCIL � � ,,�:,�..��- � NO: 1580 _�'!; �,� x . � � � �w : '� STATE OF MINNESOTA ) � ) ss . . COUNTY OF HENNEPIN ) � On this � day of , 1983, before me a Notary Public w t n nd or s id County, personally appeared . known to me to be he person( described in and w o execute the foregoing instrument , and acknowledqed that he (they) executed the same as his (their) free act and deed . ` _ _ _. / �, , � � �� OOROTHY M. HALUN OTARY PUB L � � � NOTARV,FueLI�RINNESO?A , . ,� � HENNEPIN�COy�UNTY � ��^Y��Q'�'�� - ��r / � , • MY COMMISSION EXPIRES . STATE OF MINNESOTA ) ) ss . COUNTY OF HENNEPIN ) � On this / day of , 1983 , before me a Notary PubTic ithin and fo said County, . personally appeared known to be the person(s) descri ed in and w o executed t e oregoing instrument, and acknowledged that he (they) execute the same as his (their) free act and deed . , .--- , . � -� ARY PUBL �''`�� DOROTHY M. HALLI� ; . NOTARY Pt181JC-I�qdE80�f •, ' My ENcort�wi��q�N6 p ' p� • � — MY CDMMISSION EXPIRES • . . � �� ' . . . . i R��=, ' (�lt� Of �R,�N� � �, � . � � ' '�� RESOLUTION OF THE CITY COUNCIL ��< � : -' � . NO. 1580 . �'��`1�.1rH . � � � ��+ . � � ��''':� . . STATE OF MINNESOTA ) . . ) ss. � COUNTY OF HENNEPIN ) � On this day of , 1983, before me a Notary . Public wit in and or said County, personally appeared � known ta me to be the person(s) described in and w o execute 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. ' Bruce D. Malkerson, City Attorney State Deed Tax Due flereon : Exempt • This instrument was drafted by: City of Orono P. O. Box 66 ' Crystal Bay, MN 55323 � •