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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 <br />SECTIONS 78-330; 78-1279; AND 78-1680 <br /> <br />FILE NO. LA19 -000007 <br /> <br /> WHEREAS, on February 18, 2019, Donald Haberman and Heidi Haberman, a <br />married couple (hereinafter the “Applicants”), applied for a variance from the City Code for the <br />property addressed 2799 Pheasant Road and legally described as: <br /> <br />Lot 12, Pheasant Lawn, Hennepin County, Minnesota (hereinafter the “Property”); <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-330 to allow redevelopment of a lot of record <br />0.7 acre in area and having 123 feet in width at the ordinary high water level (OHWL) and 111 <br />feet in width at the 75-foot setback where 1.0 acre in area and 140 feet in width are required; and <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of the home with <br />a larger building envelope 24 feet lakeward of the average lakeshore setback; and 61.2 feet from <br />the OWHL where a 75-foot setback is required; and <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1680 to allow 945 square feet of hardcover <br />within the 75-foot setback where no hardcover is permitted; 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 variances conditioned upon reduction of the portion of new lakeside patio within the 75-foot <br />setback; and <br /> <br /> WHEREAS, on March 20, 2019 as requested by the Planning Commission, the <br />Applicants provided a revised plan reflecting a 173 square foot reduction of the proposed lakeside <br />patio within the 75-foot setback from 462 square feet to 289 square feet; <br />