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vLOArp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y* � NO 6936 I1kEsHo0' A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 FILE NO. LA18-000086 WHEREAS, on October 17, 2018, Eric Vogstrom,an interested party(hereinafter the "Applicant"), made an application regarding the property addressed 2710 Pence Lane, legally described as: Lot 2, Block 1, Pence Lane Addition, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made an application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1279 for an average lakeshore setback variance to construct a new home on the Property 120 feet from the ordinary high water level (hereinafter the "OHWL"), 18 feet lakeward of the average lakeshore setback line as defined by City Code; and WHEREAS,on November 19, 2018, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 19, 2018, the Planning Commission made a motion for denial of the requested average lakeshore setback variance with a vote of 4 in favor and 2 opposed. The two dissenting votes indicated that they would have recommended approval of a partial setback variance up to the line created by the nearest lakeside corners of the neighboring homes to the Property due to the curvature of the shoreline; and WHEREAS, on December 10, 2018, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and WHEREAS, on December 10, 2018, with a 2-1 vote, the City Council voted to approve a modified average lakeshore setback variance as shown in Exhibit A; NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves an average lakeshore setback variance based on one or more of the following findings of fact concerning the Property: