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1�O�Q CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �'l G NO. 7424 <br /> �kESHO�'sc <br /> A RESOLUTION <br /> APPROVING A VARIANCE FROM <br /> MUNICIPAL ZONING CODE <br /> SECTION 78-1279 <br /> FILE NO. LA23-000059 <br /> WHEREAS,on September 20,2023,Jennifer Germain with Pebl Design(hereinafter the <br /> "Applicant"),applied for variances from the City Code for the property addressed 980 Tonkawa Road and <br /> legally described as: <br /> That part of Government Lot 3, Section 8,Township 117,Range 23, described as commencing at <br /> the Northwest corner of Tract A,Registered Lan Survey Number 617;thence North 23 degrees <br /> 20 minutes West along the extension of the Westerly line of said Tract A a distance of 85.80 feet <br /> to the actual point of beginning;thence South 85 degrees,22 minutes West a distance of 34.84 <br /> feet to the center line of County Road Number 135;thence South 23 degrees,20 minutes East <br /> along said center line to its intersection with a line bearing South 87 degrees,24 minutes West <br /> from the point of commencement;thence North 87 degrees, 24 minutes East a distance of 842.50 <br /> feet,more or less,to the shore of Lake Minnetonka;thence Northwesterly along said shore to its <br /> intersection with a line bearing North 85 degrees,22 minutes East from the actual point of <br /> beginning;thence South 85 degrees,22 minutes West to the actual point of beginning(hereinafter <br /> the"Property"); <br /> WHEREAS,the Applicant has applied to the City of Orono for an average lakeshore setback <br /> variance,from City Code Section 78-1279 in order to construct a new fence;and <br /> WHEREAS,on October 16,2023,after published and mailed notice in accordance with Minnesota <br /> Statutes and the City Code,the Planning Commission held a public hearing, at which time all persons <br /> desiring to be heard concerning this application were given the opportunity to speak thereon; and <br /> WHEREAS,on October 16,2023,the Planning Commission voted 6 to 0 in favor of a motion to <br /> recommend approval of the variance; and <br /> WHEREAS,on November 13,2023 the City Council reviewed the application and the <br /> recommendations of the Planning Commission and City staff;and <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby approves the requested variance as described above based on one or more of the following findings <br /> of fact concerning the Property: <br /> 1 <br />