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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 71 66 tykfsH00" A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA20-000070 WHEREAS, on October 21, 2020, Boyer Building Corporation (hereinafter the "Applicant") on behalf of Brian O'Connell and Lynne Rasmussen (hereinafter the"Owners"), applied for a variance from the City Code for the property addressed 3145 North Shore Drive and legally described as: Tract B, RLS No. 1113, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of an addition and a deck lakeward of the average lakeshore setback line; and WHEREAS, on November 16,2020,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 November 16, 2020,the Planning Commission voted 5 to 2 in favor of denial as proposed. The Commission's general consensus was supportive of the average lakeshore setback variance for the addition and the deck. They indicated that the portion of the deck stair which extended past the most lakeward pillar on the existing home was not approvable; and WHEREAS, on November 30, 2020, the Applicant provided a revised plan which reflected the deck stair meeting the Commission's direction; and WHEREAS, on December 7, 2020, 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 variance as described above based on one or more of the following findings of fact concerning the Property: 1