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A RESOLUTION DENYING <br />VARIANCES PER MUNICIPAL ZONING CODE <br />SECTION 78-1279 SUBDIVISION 1 AND <br />SECTION 78-1288 <br />FILE #04-3055 <br />WHEREAS, the City of Orono is a municipal corporation organized and existing <br />under the laws of the State of Miiuiesota; and <br />WHEREAS, pursuant to State Statutes 412 ct. scq. and 462 et. seq., the City <br />Council of the City of Orono has adopted zoning regulation for the protection of the <br />public health, safety and general welfare; and <br />WHEREAS, Martha Alice Leigh Spencer, a single person, (hereinafter “the <br />applicant”) is the owner of the property located at 1005 Willow Drive South within the <br />City of Orono (hereinafter “the City ”) and legally described as follows: <br />Attached as Exhibit A (hereinafter “the property”); and <br />WHEREAS, the applicant has applied to the City of Orono for variances to <br />permit a gazebo and paved walkways and stairs, requesting the following approvals: <br />1.Section 78-1279 Subdivision 1 to allow construction of a gazebo <br />approximately 26’ from the OHWL of French Lake where a 150’ structure <br />setback is required; and <br />2.Section 78-1288 to allow a gazebo and paved walkways within the 0-75 ’ <br />zone consisting of 11.7 % or 2,338 s.f. of hardcover where 0% is nomially <br />allowed and 7.8% or 1,532 s.f. was previously approved (Resolution No <br />5206). <br />WHEREAS, the City Council has reviewed the application; the reconutiendation <br />of the City staff and Planning Commission; and the comments and written statements <br />submitted by the applicant. <br />Page 1 of 3