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WeeC> <br />OAT CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7264 <br />kESHO <br />A RESOLUTION <br />APPROVING A VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTION 78-1279 <br />FILE NO. LA22-000014 <br />WHEREAS, on March 28, 2022, Eric Zehnder o/b/o James Mattson "Applicant", <br />applied for a variance from the City Code for the property addressed 940 North Arm Drive and legally <br />described as: <br />Lot 10, Block 1, Pirates Cove (hereinafter the"Property"); <br />WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1279 to allow improvements above 42 <br />inches above existing grade within the average lakeshore setback; and <br />WHEREAS, on April 18, 2022, 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 />WHEREAS, on April 18, 2022 the Planning Commission recommended denial of <br />the variance; and <br />WHEREAS, on April 29, 2022 the applicant submitted amended plans; and <br />WHEREAS, on May 9, 2022, the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; and <br />NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br />hereby [approves/denies] the requested variance as described above based on one or more of <br />the following findings of fact concerning the Property: <br />FINDINGS OF FACT: <br />1. This application was reviewed as Zoning File #LA22-000014. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br />1