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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 A VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTIONS 78-1279 <br /> <br />FILE NO. LA18 -000086 <br /> <br /> WHEREAS, on October 17, 2018, Eric Vogstrom, an interested party (hereinafter the <br />“Applicant”), made an application regarding the property addressed 2710 Pence Lane, legally <br />described as: <br /> <br />Lot 2, Block 1, Pence Lane Addition, Hennepin County, Minnesota <br />(hereinafter the “Property”); <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 />