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A RESOLUTION GRANTING <br />AN AFTER-THE-FACT A VARIANCF TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 12 <br />FILE #1587 <br />WHEREAS, Ruby L. Siford (hereinafter "the applicant") is the <br />owner of the property located at 96 Hackberry Hill within the City of <br />Orono (hereinafter "City") and legally described as that part of Lots <br />3 and 4 lying northerly of the southerly 97.50' thereof, Block 3, <br />Daniels Long Lake Heights, Hennepin County, Minnesota (hereinafter <br />"the property"); and <br />WHEREAS, the applicant has applied to the City for an after- <br />the-fact variance t^ 'Municipal Zoning Code Section 10.03, Subdivision <br />12 to permit a decK constructed to tne rear or east side of the <br />existing house structure located 5' from a detached garage instead of <br />the required 10*. <br />Minnesota: <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />FINDINGS <br />1. This application was; reviewed as Zoning File #1587. <br />2. The property is located in the RR-IB Rural Residential Zoning <br />District. <br />3. The Orono Planning Commission reviewed this application on <br />September 17, 1990 and recommended approval of the proposed <br />after-the-fact variance based upon the following findings: <br />a) The City has received no negative comments from the <br />affected property owners notified for this review. <br />b) The substandard separation setback is between an <br />enclosed structure and an open deck structure. The open <br />deck structure will present less of a fire hazard than an <br />enclosed structure. <br />4. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply ,eneraliy to other <br />Page 1 of 4