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���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COLJNCIL <br /> y�, G��' No. b936 <br /> t�'�ES H 04�' <br /> A RESOLUTION <br /> APPROVING A VARIANCE FROM <br /> MUNICIPAL ZONING CODE <br /> SECTIONS 78-1279 <br /> FILE NO. LA18-000086 <br /> WHEREAS, on October 17, 2018, Eric Vogstrom,an interested party(hereinafter the <br /> "ApplicanY'), made an application regarding the property addressed 2710 Pence Lane, legally <br /> described as: <br /> Lot 2, Block 1, Pence Lane Addition, Hennepin County, Minnesota <br /> (hereinafter the"Property"); <br /> WHEREAS, the Applicant has made an application to the City of Orono for a <br /> variance from Orono Municipal Zoning Code Section 78-1279 for an average lakeshore setback <br /> variance to construct a new home on the Property 120 feet from the ordinary high water level <br /> (hereinafter the "OHWL"), 18 feet lakeward of the average lakeshore setback line as defined by <br /> City Code; and <br /> WHEREAS,on November 19,2018,after published and mailed notice in accordance <br /> with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at <br /> which time all persons desiring to be heard concerning this application were given the opportunity <br /> to speak thereon; and <br /> WHEREAS, on November 19, 2018, the Planning Commission made a motion for <br /> denial of the requested average lakeshore setback variance with a vote of 4 in favor and 2 <br /> opposed. The two dissenting votes indicated that they would have recommended approval of a <br /> partial setback variance up to the line created by the nearest lakeside corners of the neighboring <br /> homes to the Property due to the curvature of the shoreline; and <br /> WHEREAS, on December 10, 2018,the City Council reviewed the application and <br /> the recommendations of the Planning Commission and City staff; and <br /> WHEREAS, on December 10, 2018, with a 2-1 vote, the City Council voted to <br /> approve a modified average lakeshore setback variance as shown in Exhibit A; <br /> NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby approves an average lakeshore setback variance based on one or more of the following <br /> findings of fact concerning the Property: <br /> i <br />