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i' ■ <br />w’■ <br />iv: <br />V <br />A RESOLUTION DENYING A VARIANCE <br />PER MUNICIPAL ZONING CODE <br />SECTION 10.03. SUBDIVISION 15 (C), <br />FILE NO. 2574 <br />WHEREAS, the City of Orono is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq, the City Council <br />of the City of Orono has adopted zoning regulations for the protection of the public health, safety <br />and general welfare; and <br />WHEREAS, Thomas A. Micheletti and Julie A. Jorgensen, (hereinafter "the <br />applicants") are the owners of the property located at 519 Femdale Road North within the City of <br />Orono (hereinafter "the City") and legally described as follows: <br />Exhibit A attached (hereinafter "the property"); and <br />WHEREAS, the applicants have applied to the City of Orono for a variance to permit <br />construction of a 9' fence in the side yard, where per zoning code Section 10.03, Subdivision 15(C) <br />only a 6' high fence is normally allowed. <br />WHEREAS, the City Council has reviewed the application; the recommendations <br />of the City staff and the Planning Commission: and the comments and written statements submitted <br />by the applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br />Minnesota hereby denies the requested variance as described above based on one or more of the <br />following findings of fact concerning this property: <br />1.The Orono Planning Commission reviewed this application on April 17, 2000 and <br />recommended denial of the application based on the following findings: <br />a) No inherent hardship exists with the land. <br />b) The applicant’s desire to prevent deer from approaching the residence does not constitute <br />Page 1 of3