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�t��p'•,"+ <br /> !'n� F��a�(.kn • F ""J' �c i F �¢:L. '�- � r ���, : <br /> ������5�� � C�t o� OR s� �,� ������ �� ;��� <br /> � � � <br /> �w� ��� �,� ���"� <br /> .ti� `�N.&`4,. N 4������� <br /> RESOLUTION OF THE CfTY COUNCIL <br /> NO. 1846 - B <br /> � .' �, 6 <br /> y �'��rt yg ,`�,s � _"' <br /> �. <br /> �*, �� . ry's:_ <br /> is"f tn.;,>y.-.. . <br /> A RE���;iTTON GRANTING <br /> A CONDIT��NAT: USE PEI2MIT PER <br /> MU�II��F�:'�. ZONING CODE <br /> SECTI011�77 1Q. 03, SIIBIZ:IVISION 5 <br /> FILE ;�9?0 ! <br /> WHEREAS, Paul R. Nutt (hereinafter "the applicant") is <br /> an owner of one of the properties located at 2739 Shadywood Road <br /> within the City of Orono (hereinafter "City" ) and legally des- <br /> cribed as Tracts O & P, Registered Land Survey No. 415 (herei;�., - <br /> after "property"} ; and <br /> WHEREAS, the applicant has appiied to the City for a <br /> conditional. use permit per Municipai 2oning Code Section 10.03, <br /> Subdivision 5 A through J to permit the continued use of the <br /> property as a Iegal non-conforming use and, specifically, per <br /> Section 10.03 , Subdivision 5 (J) seeks a variance to Section <br /> 10.24 , Subdivision 4 (A) to allow an accessory structure (dock) <br /> on a praperty that is unabie to sustain a principal structure. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Counci I of <br /> Orono, Minnesota: <br /> FINDINGS <br /> 1. This appiication was reviewed as Zoning File #941. <br /> 2. The property is located in the LR-1B Singl.e Family <br /> Lakeshore Residential Zoning District. <br /> 3. On August 19 , 1985 the Orono Planning Commission re- <br /> viewed this appl.ication as proposed and recommended approval <br /> based on the following finding-s : <br /> A} Per Section I0 . 03 , Subdivision 5 (J) : <br /> "Where, however, such a situation existed legally under <br /> the prior applicabie iaw, the Council wiil not <br /> unreasonably require strict compliance and will <br /> generaliy iook with favor on granting of a variance . . . " <br /> The substandard tracts were created prior to formal <br /> municipai zoning and controls in February of 1955 . <br /> B) The Orono Council minutes of 1958 and a newspaper <br /> articie pubiished in the Minnetonka Harol.d in that same <br /> year confirm that the City was aware of the existence <br /> and use of accessory docks by non-adjacent owners. <br /> Page 1 of � <br />