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M <br /> / O� <br /> � <br /> O O , <br /> ,� ;�. �. <br /> CITY of ORONO <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`�kESYi�g'�G NO. ��'�.� <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby denies the requested variances as described above based on one or more of the following <br /> findings of fact concerning this property: <br /> 1. The property consists of 8.4 acres or 367,102 s.f. in land area. <br /> 2. Pursuant to Orono Municipal Zoning Code Section 78-419 (10), the construction <br /> . of a structure to house or shelter horses must be located no less than 75' from all <br /> property lines for non-commercial use. <br /> 3. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicants and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> 4. The granting of the requested variances would be contrary to the provisions of <br /> Municipal Zoning Code Section 78-123 with which the applicants must first <br /> comply in order that the variance be granted. The Council finds that: <br /> a. The property in question can be put to a reasonable use if used under the <br /> conditions allowed by the official controls if the proposed variances were <br /> granted. <br /> b. The plight of the landowner was created by the landowner. <br /> c. Granting of the proposed variances would appear to serve as a convenience to <br /> the applicants and the applicants have not demonstrated a reasonable hardship <br /> or practical difficulty acceptable to the City Council. <br /> d. The conditions of the Zoning Code limitations imposed and existing on this <br /> property generally apply to all other land and structures in the zoning district <br /> in which this property is located as well as in adjacent rural residential zoning <br /> districts. <br /> As a result of the denial of the variances, the aforementioned illegal horse lean-to structure must <br /> be removed no later than May 28, 2005 or within sixty (60) days of the adoption of this <br /> resolution. Failure to remove the structure shall be considered a violation of the Zoning Code <br /> and is punishable as a misdemeanor. <br /> Page 2 of 3 <br />