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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7417 A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; AND 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO SECTION 78-1125 FILE NO. LA23-000051 WHEREAS, on August 23, 2023, on behalf of Erik and Marissa Winegarden (hereinafter the "Owners"), Keplinger & Keranen Builders Inc., (hereinafter the "Applicant"), applied for variances from the City Code for the property addressed 2795 Shadywood Road and legally described as: Tract A and Tract B, RLS No. 500, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-330 to allow development of a nonconforming lot with 33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the west side where 140-feet is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home 13.5 feet from the Narrows Channel and 71 feet from the lake where a 75-foot setback is required; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a lake side deck 71 feet from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 4,638 square feet of hardcover within the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in conjunction with redevelopment of the property; and WHEREAS, the Applicant has made application to the City of Orono for a conditional use permit (hereinafter a "CUP") pursuant to Orono Municipal Zoning Code Section 78-1125 to allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to the Property's narrow width, according to the approved plans; and WHEREAS, on October 16, 2023, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which