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g-O O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7369extsH01- A RESOLUTION TERMINATING RESOLUTION No. 5918 WHICH GRANTED VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279(1) & (6), 78-1288 and 78-1405(6) WHEREAS, On March 8, 2010, the City of Orono granted Clifford Swenson and Barbara Swenson three variances via Resolution No. 5918 as follows: a variance to Orono Municipal Zoning Code Sections 78-1279 (1) and 78-1279 (6) in order to allow construction of a grade level deck 28 feet from the OHWL of Lake Minnetonka and ahead of the average lakeshore setback line; a variance to Orono Municipal Zoning Code Section 78-1288 to allow construction of a grade level deck, resulting in 328 square feet of hardcover within the 0-75 foot setback zone where 112 square feet(lake access stair) is normally allowed; and a variance to Orono Municipal Zoning Code Section 78-1405(6) to allow a grade level deck to encroach into the required 10 foot side yard (together the "2010 Variances"). Said 2010 Variances were granted by Resolution 5918 signed on March 8, 2010, and filed of record with the Hennepin County Registrar on August 8, 2010, as Document No. 4781479 on title to property located at 2965 Casco Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Tract A, Registered Land Survey No. 1470, files of the Registrar of Titles, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, the present owners of the Property are Timothy J. Oare and Leslie M. Oare, as Trustees of Dennis Oare Living Trust dated March 11, 2016, and John S. Abbott and Michele Williams-Abbott, as trustees of the Michele Williams Abbott Revocable Trust dated May 17, 2001. WHEREAS, the present owners of the Property applied for and on February 27, 2023 were granted a variance to Orono Municipal Zoning Code Section 78-1433 via Resolution No. 7344 to allow an Accessory Dwelling Unit (hereinafter the "ADU") use on the Property 0.73 acre in area where 1.0 acre is required, and independent (not shared) utility connections are required. Said grant was expressly subject to conditions, including the following condition: Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by recording the Subdivision Exception documents (File LA21-000078) and new deeds for the properties. The Subdivision Exception documents, and new deeds must be recorded within one year. Upon said subdivision, the land previously comprising the Property will be split into two parcels, each of which will be combined with the adjacent properties. Both of the resulting parcels conform with Orono regulations to an extent that the land no longer qualifies for the 2010 Variances. 1