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Im <br /> oIN, o <br /> CITE' of ORONO <br /> 3` <br /> ti <br /> �L <br /> RESOLUTION OF THE CITY COUNCIL`9kESI'iOg�G NO. : 0 r -, <br /> A RESOLUTION DENYING A VARIANCE <br /> TO THE ORONO, MINNESOTA, CITY CODE <br /> SECTION 78-1405 <br /> FILE NO. 09-3424 <br /> WHEREAS <br /> Michael Ebertz and Donna Ebertz (husband & wife), <br /> (hereinafter "the Applicants") are the owners of the Property located at 1220 Tonkawa Road <br /> within the City of Orono (hereinafter the"City") and legally described as: <br /> That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, II <br /> lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line <br /> described as follows: Beginning at a point on the easterly line of County Road No, 135 <br /> distant 1141.25 feet southeasterly along said easterly line from its intersection with the North <br /> line of Lot 10, said Auditor's Subdivision; thence northeasterly 143.2 feet to a point distant <br /> 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing <br /> northeasterly on the extension of the last-described line to the shore of Maxwell's Bay, and <br /> there terminating (hereinafter"the Property"); and <br /> WHEREAS the Applicants have made application pp pp anon to the City of Orono for <br /> variances to Orono Municipal Zoning Code Section 78-1405(8) in order to construct a gate <br /> less than 40' from the paved edge of County Road 135 where a 40' gate setback is required; <br /> and <br /> WHEREAS, after dueublished notice and mailed notice <br /> p in accordance with <br /> Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission <br /> held a public hearing on September 21, 2009, at which times all persons desiring to be heard <br /> concerning this application were given the opportunity to speak thereon. <br /> NOW, THEREFORE, BE IT RESOLVED b the Cit Council of Orono <br /> Y Y , <br /> Minnesota: <br /> FINDINGS <br /> 1. This application was reviewed as Zoning File - <br /> pp g e#09 3424. <br /> 1. The Property is located in the LR — 1B zoning district which requires es a <br /> minimum lot area of 1 acre and a minimum lot width of 140 feet. The <br /> Applicants' Property is 47,900 s.f. or 1.09 acres. <br /> Page 1 of 2 <br />