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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />L <br />yF Gfi NO. 7278 <br />i"EsHO <br />WHEREAS, on June 21, 2022, the Planning Commission recommended denial of <br />the variance into the side yard citing the conflict with the DNR right-of-way; and <br />WHEREAS, on July 7, 2022, the Applicant provided a revised plan eliminating the <br />encroachment into the DNR right-of-way and revising the side setback to 9.1 feet where 10 feet <br />is required; and <br />WHEREAS, on July 25, 2022, the City Council reviewed the revised application <br />and the 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 the variances as revised and described above based on one or more of the <br />following findings of fact concerning the Property: <br />FINDINGS OF FACT: <br />1. This application was reviewed as Zoning File #LA22-000026. 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 />2. The Property is located in the LR-1A, Single Family Lakeshore Residential Zoning District. <br />3. The Property contains 0.39 acres in area and has a defined lot width of 87.7 feet along <br />the front lot line (the Property does not have frontage on a public or private roadway). <br />4. The Property is within Tier 2 and hardcover is limited to 30% according to the Stormwater <br />Quality Overlay District. <br />5. Applicant has applied for the following variances: <br />a. Front Yard Setback Variance <br />b. Side Yard Setback Variance <br />6. The Property has no lake or street frontage, or roadway access; rather the driveway <br />access to Bederwood Drive is provided via a leased easement over the DNR Luce Line <br />Trail right-of-way. <br />7. The Property has no clear front or rear property line. <br />8. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <br />2