11-28-1988 Council Packet - Laserfiche WebLink

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A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 10.55, SUBDIVISION 8 FILE #1329 WHEREAS, Thomas McNellis (hereinafter "the applicant") is the owner of the property located at 355 Woodh311 Road within the City of C=ono (hereinafter "City") and legally descr. follows: Lot 3, Block 1 Woodhill Ridge, Hennepin = -,nesota (hereinafter "the property"); and WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning Code Section 10.55, Sub?ivision 8 to permit the construction of a cantilevered deck which would encroach 4' into the required 26' setback from a wetland easement, and for a front yard setback variance to allow a 37' front yard setback where a 50' setback is normally required. Minnesota: NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, FINDINGS 1. This application was reviewed as Zoning File #1329. 2. The property is located in the RR-lB Single Family Rural Residential Zoning District. 3. The Orono Planning Commission reviewed this application on October 17, 1988, and recommended on a vote of 4 to 3 to deny the proposed variances based upon finding no adequate hardships to justify granting of the variances. 4. The application was reviewed by the City Council on November 14, 1998, at which time the applicant agreed to proceed with a lot line .-arrangement with the property tc the east, thereby eliminating the necessity of the proposed front yard setback variance. 5. On November 14, 1988, the City Counc-1 voted 3 to 0 to grant approval of the proposed 4' cantilevered encroachment into the 26' wetland easement setback, finding that the actual wetland boundary in this specific case is not coincident with the easement line, and the actual setback from the proposed deck to the boundary of the wetland is approximately 32', which meets the intent of the wetland ordinance. Page 1 of 4