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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7417 <br />A RESOLUTION <br />APPROVING VARIANCES FROM <br />MUNICIPAL ZONING CODE SECTIONS 78-330; 78-1279; AND 78-1680 <br />AND <br />A CONDITIONAL USE PERMIT PURSUANT TO <br />SECTION 78-1125 <br />FILE NO. LA23-000051 <br />WHEREAS, on August 23, 2023, on behalf of Erik and Marissa Winegarden (hereinafter <br />the "Owners"), Keplinger & Keranen Builders Inc., (hereinafter the "Applicant"), applied for <br />variances from the City Code for the property addressed 2795 Shadywood Road and legally <br />described as: <br />Tract A and Tract B, RLS No. 500, Hennepin County, Minnesota (hereinafter the <br />"Property"); <br />WHEREAS, the Applicant has made application to the City of Orono for a variance to <br />Orono Municipal Zoning Code Section 78-330 to allow development of a nonconforming lot with <br />33,042 square feet in area where 43,560 square feet is required; and 137 feet at the lake on the <br />west side where 140-feet is required; and <br />WHEREAS, the Applicant has made application to the City of Orono for a variance to <br />Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home 13.5 feet <br />from the Narrows Channel and 71 feet from the lake where a 75-foot setback is required; and <br />WHEREAS, the Applicant has made application to the City of Orono for a variance to <br />Orono Municipal Zoning Code Section 78-1279 to allow construction of a lake side deck 71 feet <br />from the lake which encroaches 6.5 feet lakeward of the average lakeshore setback line; and <br />WHEREAS, the Applicant has made application to the City of Orono for a variance to <br />Orono Municipal Zoning Code Section 78-1680 to allow 4,587 square feet of hardcover within <br />the 75-foot setback where no hardcover is permitted and 5,166 square feet currently exists in <br />conjunction with redevelopment of the property; and <br />WHEREAS, the Applicant has made application to the City of Orono for a conditional <br />use permit (hereinafter a "CUP") pursuant to Orono Municipal Zoning Code Section 78-1125 to <br />allow flexibility on the sides of the home from the required 15-foot rescue elevation bench due to <br />the Property's narrow width, according to the approved plans; and <br />WHEREAS, on October 16, 2023, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br />