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�' �"'' RESOLUTION OF THE CITY COUNCIL
� 2744
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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.
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� RESOLUTION OF THE CITY COUNCIL
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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
•
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