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A RESOLUTION GRANTING VARIANCES <br />TO MUNICIPAL ZONING CODE <br />SECTIONS 78-1279 SUBDIVISIONS (1), (2) & (3) and <br />SECTION 78-1288 SUBDIVISION (A) <br />FILE NO. 04-3026 <br />WHEREAS, David R. Pomije and Joann Pomije, husband and wife <br />(hereinafter “the applicants”) are the owners of the property located at 801 Tonkawa <br />Road within the City of Orono (hereinafter the “City”) and legally described as follows: <br />Attached as Exhibit A, (hereinafter the “property”); and <br />WHEREAS, the applicants have made application to the City of Orono <br />for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (1) to allow <br />re-construction of a lakeside deck 39 ’ from the OHWL of Lake Mirmetonka where 75’ is <br />normally required and 39 ’ was approved in 1992; and <br />WHEREAS, the applicants have made application to the City of Orono <br />for a variance to Orono Municipal Zoning Code Section 78-1279 Subdi\ ision (2) to allow <br />re-construction of a lakeside deck located 5’ from the top of the bluff where a 30 ’ setback <br />is normally required; and <br />WHEREAS, the applicants have made application to the City of Orono <br />for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision (3) to allow <br />re-construction of a lakeside deck to be located within the top of the bluff impact zone <br />w here no structure, buildings, or hardcover is not permitted; and <br />WHEREAS, the applicants have m.-'ac application to the City of Orono <br />for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow- <br />hardcover w ithin the 0-75 ’ setback zone from the OHWL of Lake Minnetonka at 11.2% <br />(13.2% including the stair to the lake) w-here 0% is normally allowed and 11.2% was <br />approved per Resolution No. 3191 in 1992, in order to rebuild a lakeside deck. <br />NOW, THEREFORE BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />Page 1 of 6 <br />I