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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. 7278 <br /> <br /> <br />1 <br /> <br />A RESOLUTION <br />APPROVING VARIANCES FROM <br />MUNICIPAL ZONING CODE <br />SECTION 78-305 <br /> <br />FILE NO. LA22-000026 <br /> <br /> WHEREAS, on May 12, 2022, Al Azad (hereinafter the “Applicant”), applied for <br />variances from the City Code for the property addressed 165 Bederwood Drive and legally <br />described as: <br /> <br />Boundary Description (Doc. 5536466) <br />That part of Lot 37, Auditor's Subdivision Number 203, Hennepin County, Minnesota, <br />described as follows: <br /> <br />Commencing at a point on the West line of Government Lot 3, Section 5, Township 117, <br />Range 23, 1350.36 feet South of the Northwest corner of said Government Lot; thence <br />Southeasterly at an angle of 69 degrees 30 minutes to the West line of said Government Lot <br />3 to a line drawn parallel to and 305.54 feet east of the West line of said Government Lot 3; <br />thence North along said parallel line 287.46 feet to the point of beginning of the property <br />being described; thence continuing North along said parallel line 87.75 feet; thence deflecting <br />left 65 degrees 53 minutes 43 seconds to a line drawn parallel to and 163 feet East of the <br />West line of said Government Lot 3; thence South along last said parallel line to a line drawn <br />through the point of beginning at right angles to the West line of said Government Lot 3; <br />thence East to the point of beginning. Subject to easements, restrictions and reservations of <br />record, if any, Hennepin County, Minnesota (hereinafter the “Property”); <br /> <br /> WHEREAS, the Applicants have made application to the City of Orono for <br />variances to Orono Municipal Zoning Code Section 78-305 to allow a 4.4 foot setback from the <br />north, side lot line, and a 10.1 foot setback from the front lot line; and <br /> <br /> WHEREAS, an existing MN Department of Natural Resources (hereinafter the <br />“DNR”) right-of-way easement area extends 7.4 feet into the Property. The DNR will not permit <br />new encroachments; and <br /> <br /> WHEREAS, on June 21, 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 />