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r <br />A RESOLUTION DENTING A VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.28, SUBDIVISION 5 (A) <br />FILE #2420 <br />WHEREAS, the City of Orono is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City <br />Council of the City of Orono has adopted zoning regulations for the protection of the public <br />health, safety and general welfare; and <br />WHEREAS, Robert Ryan (hereinafter "the applicant") is owner of the property <br />located at 3535 Christine Drive within the City of Orono (hereinafter "the City") and legally <br />described as follows: <br />Lot 2, Block 1, Betz Addition, Hennepin County, Minnesota <br />(hereinafter "the property"); and <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Minnesota Statutes and the City of Orono and Planning Codes, the Orono Planning Commission <br />held a public hearing on September 21, 1998, at which times all persons desiring to be heard <br />concerning this application were given the opportunity to speak thereon; and <br />WHEREAS, the applicant has applied to the City of Orono for a variance to <br />Municipal Zoning Code Section 10.28, Subdivision 5 (A) to permit the construction of a 90’ <br />wind tower for the purposes of producing electricity; and <br />WHEREAS, the City Council has reviewed the application, the recommendations <br />of the City staff and the Planning Commission, and the comments and written statements <br />submitted by the applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono. <br />Minnesota hereby denies the requested variance as described above based on one or more of the <br />following findings of fact concerning this property: <br />FINDINGS <br />1. This application was reviewed as Zoning File #2420. <br />Page 1 of 3