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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />1 <br /> <br />A RESOLUTION <br />APPROVING VARIANCE FROM <br />MUNICIPAL ZONING CODE SECTION 78-35078-1680 <br />AND <br />A CONDITIONAL USE PERMIT PURSUANT TO <br />MUNICIPAL ZONING CODE SECTION 78-328 <br /> <br />FILE NO. LA19-000010 <br /> <br /> WHEREAS, on February 20, 2019, Alexander H. Ware and Amy S Ware, a married <br />couple (hereinafter the “Applicants”), applied for a conditional use permit and variance from the City <br />Code for the property addressed 2587 Kelly Avenue and legally described as: <br /> <br />The Southeasterly Half of Lot 4, Block 5, Townsite of Langdon Park including adjacent <br />vacated 34 feet of Kelly Avenue, Hennepin County, Minnesota (hereinafter the <br />“Property”); <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-350 to allow a setback of 4.3 feet from the <br />south side lot line where a 2.5’ setback currently exists and 7.5’ is required in order to rebuild a <br />detached garage in a larger footprint including with a 2nd story; and <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for a <br />conditional use permit (CUP) to allow plumbing including a bathtub or shower in an accessory <br />building pursuant to Orono Municipal Zoning Code Section 78-328(7); and <br /> <br /> WHEREAS, on March 18, 2019, 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 /> <br /> WHEREAS, on March 18, 2019, the Planning Commission recommended approval <br />of the variance and CUP; and <br /> <br /> WHEREAS, on April 8, 2019, the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; <br /> <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br />hereby approves the requested variance and CUP as described above based on one or more of <br />the following findings of fact concerning the Property: <br />