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BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7282 4kESHO RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO.LA22-000039 WHEREAS, on July 15, 2022, William Peters, the property owner, (hereinafter the Applicant"), applied for a variance from the City Code for the property addressed 1950 Concordia Street, and legally described as: Lots 23 and 24, Fagerness including accretions between said lots and Lake Minnetonka, described as follows: Beginning at a point on the Southerly line of Under the Linden Avenue which point is 42.15 feet Southeasterly in a straight line from the West corner of Lot 24, Fagerness and at an angle of 119 degrees 24 minutes from the Northerly line of said Lot 24;thence in a straight line of said angle a distance of 61.5 feet to low water mark; thence Easterly along low water mark to the Easterly line of said Lot 23 extended Southerly;thence Northerly along the said Easterly line of Lot 23 extended, a distance of 57.5 feet to the Southerly line of Under the Linden Avenue;thence Westerly on the Southerly line of Under the Linden Avenue, a distance of 194.2 feet to the point of beginning, said accretions being subject to the right of the Board of County Commissioners of Hennepin County, Minnesota for the County of Hennepin, State of Minnesota to maintain the height of water in said Lake Minnetonka as nearly as practicable at a point 10 feet 3 inches below the top of the Northeast pier of the bridge over Shavers Narrows at the entrance to Gray's Bay, said bridge being situated near the Southwest corner of Section 8, Township 117, Range 22 West, that certain point being at a height 218.335 feet above the datum line of the City of Minneapolis, Hennepin County, Minnesota as said datum line is officially established by an ordinance of the City Council of said City of Minneapolis, as is more particularly set out in District Court case file number 73992, Hennepin County, Minnesota, according to the plat thereof on file or of record in the office of the Register of Deeds in and for said County(hereinafter the "Property"); WHEREAS, the Applicant made an application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new elevated deck, including a pergola above, within the average 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 1