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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />A RESOLUTION APPROVING <br />A VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTION 78-1279 AND <br />CONDITIONAL USE PERMITS PURSUANT TO <br />MUNICIPAL ZONING CODE SECTIONS 78-303 & 78-1126 <br />FILE NO. 17-3904 <br />WHEREAS, Martha Myers Head is the Trustee of the Martha M. Head 2014 <br />Qualified Personal Residence Trust (hereinafter the "Applicant") the owner of the property located <br />at 2090 Shoreline Drive and legally described as: Attached as Exhibit A (hereinafter the <br />"Property"); <br />WHEREAS, on January 18, 2017, the Applicant has made application to the City <br />of Orono for variances to Orono Municipal Zoning Code Section 78- 1279 to allow construction of <br />a replacement guest cabin lakeward of the average lakeshore setback as well as permit a stoop <br />to encroach up to 8 feet into the 75 -foot lake setback; and <br />WHEREAS, the Applicant has made application to the City of Orono for a <br />conditional use permit pursuant to Orono Municipal Zoning Code Section 78-303 to allow a guest <br />house use; and <br />WHEREAS, the Applicant has made application to the City of Orono for a <br />conditional use permit pursuant to Orono Municipal Zoning Code Section 78-1126 to allow the <br />proposed guest cabin to be elevated above the 1 % Flood Elevation using helical piers; and <br />WHEREAS, on February 21, 2107, 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 />WHEREAS, the applicant originally applied for a variance to permit encroachment <br />into the 75 -foot lake setback; following the Planning Commission's discussion and public hearing, <br />the Applicant withdrew that portion of the request; and <br />WHEREAS, on February 21, 2017, the Planning Commission recommended <br />approval of the variance and conditional use permits; and <br />WHEREAS, on March 13, 2017 the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; <br />