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A RESOLUTION GRANTING <br />A AFTER-THE-FACT VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.23, SUBDIVISION 6 (B) <br />FILE #1389 <br />WHEREAS, Mr. & Mrs. James Mardock (hereinafter "the <br />applicants") are the owners of the property located at 880 Dakota <br />Avenue within the City of Orono (hereinafter "City") and legally <br />described as follows: <br />Lot 4, Johnston's Rearrangement of Albee's Long Lake <br />Addition, Hennepin County, Minnesota (hereinafter "the <br />property")? and <br />WHEREAS, the applicants have applied to the City for an <br />afer-the-fact variance to Municipal Zoning Code Section 10.23, <br />Subdivision 6 (B) to permit the construction of a second story <br />deck located 27.3* from the rear lot line where a 50* rear <br />setback is normally required for such a structure. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1389. <br />2. The property is located in the LR-IA Swingle Family <br />Lakeshore Residential Zoning District. <br />3. The Orono Planning Commission reviewed this application <br />on April 17, 1989, and recommended approval of the after- <br />the-fact variance based upon the following findings: <br />A) The deck replaces a previous deck which was in poor <br />condition. <br />B) The new deck is located in approximately the same <br />location as the old deck, and is no closer to the rear <br />lot line than the old deck. <br />C) Due to the site layout and topography, in addition <br />to a low area directly to the rear of the property, no <br />neighboring properties will be slgnfleantly affected by <br />this deck. <br />Page 1 of 4