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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7247 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-330 FILE NO. LA21-000069 WHEREAS, on October 18, 2021, William Severson and Alena Severson, the owners, (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 4635 Tonkaview Lane and legally described as: Parcel ID No. 07-117-23-32-0027: Tract D, Registered Land Survey No. 1036, Hennepin County, Minnesota (COT 1421614), (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a front yard setback variance to Orono Municipal Zoning Code Section 78-330 to allow construction of footprint additions within the 35 -foot front yard and a 2nd story addition proposed with a zero lot line setback within the required 35 -foot front yard; and WHEREAS, on November 15, 2021, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on November 15, 2021, the Planning Commission recommended approval of the requested variance with a vote of 3 to 2; and WHEREAS, the City Council at a meeting held December 6, 2021, reviewed the application and the recommendations of the Planning Commission and City staff, and recommended certain changes to the proposed plans to reduce the impacts on the setbacks; and WHEREAS, on January 10, 2022, the City Council directed preparation of findings for approval of the variance based on the Applicants' revised plan dated 01/04/2022 reflecting a minimum 10 -foot setback from the front property line; and WHEREAS, on January 10, 2022, the City Council directed preparation of an Encroachment Agreement to address the non -building structures encroaching within the right -of -way. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as revised and as described above based on one or more of the following findings of fact concerning the Property: