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HomeMy WebLinkAboutResolution 2744 L' .tii.u•-i ,�' _�t _S.'F.r ,/�\};. Y ..0 � � Cit� o� ORONO 1 i� - �.r . • ..:''�;srwj��'s+"''.• . �' �"'' RESOLUTION OF THE CITY COUNCIL � 2744 � � ��,�`��� NO. • - • • : .9�J`. A RESOLDTION DLrNYING VARIANCES TO MUNICIPAL ZONING CODE SECTION 10.23, SUBDIVISION 6(B) FILE #1480 WH$REAS, the City of Orono is a municipal corporation, organized and existing under the Iaws of the State of Minnesota; and � WHEREAS, pursuant to State Statutes 412 et seq., and 462 et seq., the City Council of the City of Orono has adopted a Community Management Plan and Zoning Regulations for the . protection of the public health, safety and welfare; and WHEREAS, Edward and Gerda Toth (hereinafter the "applicants"), are owners of the property locatec3 at 2811 Farview Lane within the City of Orono and legally described as foI lows: • Lot 12, Block 1, Farview, Hennepin County, Minnesota (hereinafter the "property") ; and WHEREAS, the applicants have applied to the City of Orono (hereinafter the "City") for a variance to Municipal Zoning Code Section 10.23, Subdivision 6(B) to construct a deck addition to the existing residence, such deck addition proposed to be 29.1' from the side lot line where a 30' sideyard setback is normally required; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and Planning Commission, the comments and written statements submitted by the applicant and applicants' landscape contractor. NOW, THERBFOR$, BE IT RESOLVED that the City 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 l. This application was reviewed as Zoning File #1480. 2. This property is located within the LR-lA Single Family • Lakeshore Residential Zoning District. Page 1 of 2 �ti,= r,r i' �1, {;F�,. ���� Y Clt� o� ORONO } J'IA. �.. . • � �y ..�.u�ti�� y, . .... '„C Y 6y'�Ai: •.. � RESOLUTION OF THE CITY COUNCIL . ���;:��y� �'� 2 7 4 4 Y � ..��-� NO. -Y.-' ,.c3w 1.` . - • � •.• . 3. The Orono Planning Commission reviewed this application on November 20 , 1989 , and recommended denial of the 0.9' sicle 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 setback, the proposed deck addition would encroach into the required 30' sideyard because the house is at a slight angle to the lot line. 5. The City Council finds that a suitable deck can be constructed 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 would 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 8th day of January, 1990. A ST: . �� rothy Hallin, City Cle Jame- R. Grabek �or • Page 2 of 2