Agenda Packet Cc - regular meeting 7/25/1988

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING A VARIANCE TO NUNICIPAL ZONING CODE SECTION 10.28, SUBDIVISION 5 (B) FILE i1307 WHEREAS, Diane and Douglas Merz (hereinafter "the applicants") are owners of the property located at 3195 Watertown Road within the City of Orono (hereinafter "City") and legally described as follows: Lot 1, Auditors Subdivision No. 230, Hennepin County, Minnesota (hereinafter "the property"); and WHEREAS, the applicants have applied to the City for a variance to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a first floor level deck and railing located less than the required 50' street yard setback from Leaf Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #1307. 2. The property is located in the RR-1B Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on July 18, 1988, and recommended approval of the proposed variance based upon the following findings: A) The proposed deck will be approximately 11' from the west property line abutting Leaf Street at its closest point. Due to the location of the existing house entirely within the 50' required street setback, it is impoesible to attach a deck to the house without the need for a variance. 1 B) The proposed deck replaces an existing deck which was removed due to its poor condition. The proposal includes an additional deck at the north end of the house which was not previously existing. C) The proposed deck will have absolutely no effect on neighboring properties, and will have no negative effects on the neighborhood. 1 D) Construction of the deck was commenced without a permit, and the applicants stated th9t they did not realize that a permit was required to merely replace the existing deck. Page 1 of 4 I