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A R �a• <br /> ��. ..r��((.',�Yj <br /> Y �� � '�'�"��=5� <br /> rX <br /> ti �.1 �Y ..' .i1.� �-'• �y P.. Ydqr�F` MF <br /> } <br /> ��'"µ M j y }�(y �1.f�� <br /> (�lt Of � ` ��� <br /> � (!, yk ��� � � <br /> F`�qlf� t��+�/��- i` <br /> Yr � �� <br /> RESOLUTION OF THE CITY COUNCIL <br /> � �0 1846 - A <br /> �''� ���.,. <br /> ; ���,�� <br /> A RESOLUTION GRANTING <br /> . A CONDITIONAL USE PERMIT PER <br /> MUNICYPAL ZONING CODE <br /> SECTION 10. 03, SIIBDIVISION 5 <br /> �'ILE #941` <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 Iegaily des- <br /> cribed as Tracts Q & R, Registered Land Survey No. 415 (herein- <br /> after "property") ; and <br /> WHEREAS, the applicant has applied to the City for a <br /> conditional use permit per Municipal Zoning Code Section 10.03, <br /> Subdivision 5 A through J to permit the continued use of the <br /> property as a legal 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 property that is unable to sustain a principal structure. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Counci 1 of <br /> Orono, Minnesota: <br /> FINDINGS <br /> 1. Tnis appi.ication was reviewed as Zoning Fil.e #941. <br /> 2. The property is located in the LR-1B Single Famiiy <br /> Lakeshore Residential Zoning District. <br /> 3. On August 19 , 1985 the Orono Planning Commission re- <br /> viewed this application as proposed ancl recommended approval. <br /> based on the following findings : <br /> A) Per Section 10 . 03 , Subdivision 5 (J) : <br /> "Where, however, such a situation existed legally under <br /> the prior applicable law, the Council will not <br /> unreasonably require strict compliance and will <br /> generally Iook with favor on granting of a variance. . . " <br /> The substandard tracts were created prior to formai <br /> municipal zoning and controis in February of 1955 . <br /> B) The Orono Council minutes of 1958 and a newspaper <br /> articie published in the Minnetonka Harold 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 /> Paae 1 of 4 <br />