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�4t�0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7283 wcESHO0' RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO.LA22-000040 WHEREAS, on July 20, 2022, James Schugel and Jennifer Schugel, the property owners, (hereinafter the "Applicants"), applied for a variance from the City Code for the property addressed 1971 Fagerness Point Road, and legally described as: Lot 6, Fagerness; and the accretions to said Lot lying between the extensions Southeasterly to the shore of Lake Minnetonka of the Northeasterly and Southwesterly lines of said Lot and Southeasterly of the Southeasterly line of Under the Linden Ave, as dedicated in said plat, which Southeasterly line is 40 feet Southeasterly, as measured at right angles, from the Southeasterly line of said Lot, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow reconstruction of lake access stairs and retaining walls with an increased footprint within the 75-foot lakeshore setback; and WHEREAS, on August 15, 2022, 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 August 15, 2022, the Planning Commission recommended approval of the variance; and WHEREAS, on September 12, 2022,the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: