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,ZOATO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7232 `'KESHO0' A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-420 FOR BUILDING HEIGHT AND SIDE YARD SETBACK FILE NO. LA21-000068 WHEREAS, on September 21, 2021, The city of Orono ("Applicant"), applied for a variance from the City Code for the property addressed 365 Old Crystal Bay Road and legally described in Exhibit A, (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-420 to allow a 23 foot side yard setback where 30 feet is required, and a variance from Section 78-420 to allow a building 36 feet in defined height where 30 feet is permitted; and WHEREAS, on September 27, 2021, the City Council, by unanimous action,waived reference of the variance application to the Planning Commission, as authorized by City Code Section 78-122; and WHEREAS, on October 25, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council 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 October 25, 2021, the City Council directed preparation of findings for approval of the variance. 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: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #LA21-000068. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the RR-1B Zoning District.