HomeMy WebLinkAbout1990-01-08 Resolution 2744City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2744
A RESOLUTION DENYING
VARIANCES TO MUNICIPAL ZONING CODE
SECTION 10.23, SUBDIVISION 6(B)
FILE #1480
WHEREAS, the City of Orono is a municipal corporption,
organized and existing under the laws of the State of Minnesota;
and
WHEREAS, pursuant to State Statutes 412 et seq., and
462 et s-!q.. the City Council of the City of Orono has adopted a
Community Management Plan and Zoning Regulations for the
protection of the public health, safety and welfare; and
WHEREAS, Edward and Gerda loth (hereinafter the
"applicants"), are owners of the property located at 2811 Farview
Lane within the City of Orono and legally described as follows:
Lot 12, Block 1, Farview, Hennepin County, Minnesota
(hereinafter the "property"); and
WHEREAS, the applicants have applied to the City of
Orono (hereinafter the "City") for a variance to Municipal Zoning
Code Section 10.23, Subdivision 6(B) to construct a deck addition
to the existing residence, such deck additicn proposed to be
29.1' from the side lot line where a 30' sideyard setback is
normally required; and
WHEREAS, the City Council has revie-ed the application;
the recommendations of the City staff and P'at•ning Commission,
the comments and written statements submit �ed icy the applicant
and applicants' landscape contractor.
NOW, THEREFORE, BE IT RESOLVED that the Ci+-y Council of
the City of Orono, hereby denies the side setback variance
application of Edward and Gerda Toth based on one or more of the
following findings of fact concerning this property:
FINDINGS
This application was rE,iewed as Zoning File 01480.
2. This _)roperty is located within the LR-lA Single Family
Lakeshore Residential Zoning District.
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City of ORONO
RESOLUTION OF THE CITY COUNCIL
NO. 2744
3. The Orono Planning Commission reviewed this application
on November 20, 1989, and recommended denial of the 0.9'
side setback variance for deck extension, finding no
demonstrated hardship for granting such a variance for this
newly constructed residence.
4. Although the existing residence meets the required 30'
side &etb-ck, the proposed deck addition would encroach into
the required 30' sideyard because the house is at a slight
arqle to the lot line.
5. The City Council finds that a suitable deck can be
,onstructed on the property without the need for the
proposed setback variance. Further, granting of the
variance would merely serve as a convenience to the
applicants, and is not necessary for preservation of the
applicants' substantial property rights; and granting of the
variance wcfuld not be in keeping with the spirit and intent
of the Zoning Code and Comprehensive Plan of the City.
Adopted by the Orono City Council on this Sth day of
January, 1990.
ATTXSIT :
thy M llin, City Cle Jame . Gra
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