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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7424 <br /> <br />1 <br /> <br />A RESOLUTION <br />APPROVING A VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTION 78-1279 <br /> <br />FILE NO. LA23-000059 <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <br />