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\ pArp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 71 6 9 4 ACEs HO A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 AND 78-1700 FILE NO. LA20-000074 WHEREAS, on December 11, 2020, Edward Caldwell (hereinafter the "Owner"), applied for variances from the City Code for the property addressed 746 Tonkawa Road and legally described as: That part of Lot 11, lying Southeasterly of a line drawn parallel to and 25 feet Southeasterly, measured at right angles from the Northwesterly line thereof, extended, "Parten's Point First Addition" Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Owner has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of a new lakeside deck lakeward of the average lakeshore setback line; and WHEREAS, the Owner has also made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1700 in order to reduce the hardcover from 34.1% to 33.8% (5,240 square feet), in excess of the 25% Tier 1 limitation, in conjunction with construction of a new deck; and WHEREAS, on February 16, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 16, 2021, the Planning Commission recommended approval of the variances as modified to remove the inadvertent 75-foot lake setback encroachment; and WHEREAS, on March 8, 2021, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: 1