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o O O CITY of ORONO 1 RESOLUTION OF THE CITY COUNCIL G' NO. 7; kESH 4' A RESOLUTION GRANTING VARIANCES TO ORONO MUNICIPAL CODE SECTIONS 78-330 FILE NO. 12-3575 WHEREAS, Scott Gary Musgjerd and Melissa Ann Musgjerd, a married couple (hereinafter the "Applicants") are owners of the property located 4156 Highwood Road within the City of Orono (hereinafter "City") and legally described as: Lot 23, Highwood Lake Minnetonka, Hennepin County, Minnesota (hereinafter"the Property"); and WHEREAS, the Applicants have made application to the City for variances to Orono Code Section 78-330 to allow construction of a new residence on a lot with an area of 11,443 square feet (0.26 acres} and a defined width of approximately 51 feet at the ordinary high water level and approximately 47 feet at the 75-foot setback where 43,560 square feet (1.0 acre) and 140 feet of width are normally required; and WHEREQS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow a 7.6-foot side street setback for the garage portion of the home from the adjacent unimproved alley right-of-way and a 3.5 foot setback from said alley for a lake side deck where a 35-foot setback from the alley is normally required in conjunction with the construction of a new residence; and WHEREQS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Niinnesota, City Code, the Orono Planning Commission held a public hearing on September 17, 2012 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 12-3575. 2. The Property is located in the LR-1 B One Family Lakeshore Residential Zoning District which requires a minimum lot area of 1.0 acres and a minimum fot width of 140'. Page 1 of 5