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<br /> Page 1 of 5 <br /> <br />A RESOLUTION GRANTING <br />VARIANCES TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.28, SUBDIVISION 5 (B) AND <br />SECTION 10.56, SUBDIVISIONS 16 (C-1) AND (C-6) <br />FILE #2042 <br /> <br /> <br /> WHEREAS, Thomas E. Frank and Barbara L. Frank (hereinafter "the applicants") are <br />owners of the property located at 1233 Briar Street within the City of Orono (hereinafter "City") and <br />legally described as follows: <br /> <br />Lots 1 through 15 inclusive, Block 3, "Maxwell's Addition" to Crystal Bay, Lake Minnetonka, and the <br />Northerly 12' of Lots 4, 5 and 6, Block 8, Monterey on Minnetonka, according to the plat <br />thereof on file or of record in the office of the County Recorder, Hennepin County, Minnesota <br />(hereinafter "the property"); and <br /> <br /> WHEREAS, the applicants have applied to the City for variances to Municipal Zoning <br />Code Section 10.28, Subdivision 5 (B) and Section 10.56, Subdivisions 16 (C-1) and C-6) to permit <br />construction of a replacement deck at the lakeside of the existing residence to be located 131' from the <br />shoreline of the natural environment lake where a 150' setback is required and existing deck is 137', the <br />structure will encroach 3' beyond the average lakeshore setback line and the deck will be placed 42' <br />from the street lot line where a 50' setback is required and where a 27.7' setback exists. <br /> <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br /> <br />FINDINGS <br /> <br /> 1. This application was reviewed as Zoning File #2042. <br /> <br /> 2. The property is located in the RR-1B, Rural Residential Zoning District requiring 2 acres in <br />area. The property consists of 39,400 s.f. of dry buildable land. <br /> <br /> 3. The Orono Planning Commission reviewed this application on August 21, 1995, and <br />recommended approval of the variances as proposed based upon the following unique