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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />1 <br /> <br />A RESOLUTION <br />DENYING VARIANCES FROM <br />MUNICIPAL ZONING CODE <br />SECTIONS 78-330 LR-1B – AREA, HEIGHT, LOT WIDTH, SETBACK, AND YARD <br />REQUIREMENTS AND 78-1700 SPECIFIC TIER REGULATIONS <br /> <br />FILE NO. LA20 -000024 <br /> <br /> WHEREAS, on March 18, 2020, Jay Nygard (“Applicant”), applied for a variance from <br />the City Code for the property addressed 1380 Rest Point Road and legally described as: <br /> <br />Lot 6 and the southwesterly 40 feet of Lot 7, Rest Point Park Lake Minnetonka, <br />Hennepin County, Minnesota (hereinafter the “Property”); <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Sections 78-330 and 78-1700 to allow the common <br />boundary line between 1386 and 1380 Rest Point Road to shift to the north, increasing the <br />nonconforming status of 1380 Rest Point Road be virtue of decreasing the lot area, lot width, and <br />increasing the percentage of hardcover and reducing the non-conforming setback of the existing <br />boathouse. The shift of the property line would also decrease the non-conforming setback of the <br />existing boat house from 5.92 feet to 2 feet; and <br /> <br /> WHEREAS, the application included a survey dated November 12, 2019, <br />hardcover calculations based on this survey, a practical difficulty statement; and <br /> <br /> WHEREAS, on May 18, 2020, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br />time all persons desiring to be heard concerning this application were given the opportunity to <br />speak thereon; and <br /> <br /> WHEREAS, on May 18, 2020, the Planning Commission recommended denial of <br />the variance; and <br /> <br /> WHEREAS, on July 6, 2020 the applicant provided a revised proposal, showing a <br />new configuration of the common property line, and an exhibit showing removals of hardcover <br />completed before the application; and <br /> <br /> WHEREAS, on July 13, 2020, the City Council reviewed the application, additional <br />information provided by the applicant, and the recommendations of the Planning Commission and <br />City staff; and <br />