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1 <br />O <br />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