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HQ <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <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 1 of 6 <br />