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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. �) <br /> G <br /> SH <br /> A RESOLUTION <br /> DENYING <br /> VARIANCES FROM <br /> SECTIONS 78-1279; 78-1680; and 78-1700 <br /> FILE NO. LA20-000005 <br /> WHEREAS, on January 10, 2020,William Haack of Gordon James Construction, on <br /> behalf of the property owners (hereinafter the "Applicant"), applied for variances from the City Code <br /> for the property addressed 2665 Casco Point Road and legally described as: <br /> Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter the "Property"); <br /> WHEREAS, the Applicant represents the home builder who constructed a new <br /> single family home on the Property for the owners. In October 2019, the Applicant submitted an <br /> as-built survey and requested a final Certificate of Occupancy for the project. Upon inspection it <br /> was noted that unpermitted changes were made to the existing boathouse and a new deck had <br /> been installed replacing a deck shown as to be removed to offset hardcover. The deck was not <br /> shown on the submitted as-built survey; and <br /> WHEREAS, as a result of the unpermitted improvements, the Applicant has made <br /> application to the City of Orono for after-the-fact variances to Orono Municipal Zoning Code <br /> Section 78-1279 to allow expansion of hardcover and a non-conforming boat house building within <br /> the 75-foot setback from the OHWL and lakeward of the average lakeshore setback; and <br /> WHEREAS, the Applicant has made application to the City of Orono for variances <br /> to Orono Municipal Zoning Code Sections 78-1680 and 78-1700 to allow unapproved hardcover <br /> within the 75-foot setback and 3,555 square feet or 27.6% hardcover on the property where 3,389 <br /> square feet or 26.3% was approved per Resolution No. 6796; and <br /> WHEREAS, on February 18, 2020, after published and mailed notice in accordance <br /> with Minnesota Statutes and the City Code, the Planning Commission opened 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, on February 18, 2020,the Planning Commission recommended denial <br /> of the requested after-the-fact variances with a split vote of 5 in favor and 1 against; and <br /> WHEREAS, on March 9, 2020, the City Council reviewed the application and the <br /> recommendations of the Planning Commission and City staff; <br /> Page I of 6 <br />