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09-12-2022 Council Packet
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09-12-2022 Council Packet
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9/19/2022 12:53 PM
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9/19/2022 12:53 PM
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Council Exhibit A
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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. 7282 <br /> <br /> <br />1 <br /> <br /> RESOLUTION <br />APPROVING A VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTION 78-1279 <br /> <br />FILE NO.LA22-000039 <br /> <br /> WHEREAS, on July 15, 2022, William Peters, the property owner, (hereinafter the <br />“Applicant”), applied for a variance from the City Code for the property addressed 1950 Concordia <br />Street, and legally described as: <br /> <br />Lots 23 and 24, Fagerness including accretions between said lots and Lake <br />Minnetonka, described as follows: <br />Beginning at a point on the Southerly line of Under the Linden Avenue which <br />point is 42.15 feet Southeasterly in a straight line from the West corner of Lot 24, <br />Fagerness and at an angle of 119 degrees 24 minutes from the Northerly line of said <br />Lot 24; thence in a straight line of said angle a distance of 61.5 feet to low water mark; <br />thence Easterly along low water mark to the Easterly line of said Lot 23 extended <br />Southerly; thence Northerly along the said Easterly line of Lot 23 extended, a distance <br />of 57.5 feet to the Southerly line of Under the Linden Avenue; thence Westerly on the <br />Southerly line of Under the Linden Avenue, a distance of 194.2 feet to the point of <br />beginning, said accretions being subject to the right of the Board of County <br />Commissioners of Hennepin County, Minnesota for the County of Hennepin, State of <br />Minnesota to maintain the height of water in said Lake Minnetonka as nearly as <br />practicable at a point 10 feet 3 inches below the top of the Northeast pier of the bridge <br />over Shavers Narrows at the entrance to Gray' s Bay, said bridge being situated near <br />the Southwest corner of Section 8, Township 117, Range 22 West, that certain point <br />being at a height 218.335 feet above the datum line of the City of Minneapolis, <br />Hennepin County, Minnesota as said datum line is officially established by an <br />ordinance of the City Council of said City of Minneapolis, as is more particularly set <br />out in District Court case file number 73992, Hennepin County, Minnesota, according <br />to the plat thereof on file or of record in the office of the Register of Deeds in and for <br />said County (hereinafter the “Property”); <br /> <br /> WHEREAS, the Applicant made an application to the City of Orono for a variance <br />to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new elevated deck, <br />including a pergola above, within the average lakeshore setback; and <br /> <br /> WHEREAS, on August 15, 2022, after published and mailed notice in accordance <br />with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at
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