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A RESOLUTION DENYING A VARIANCE <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 15 (D) <br />FILE #2422 <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 Council <br />of the City of Orono has adopted zoning regulations for the protection of the public health, safety <br />and general welfare; and <br />WHEREAS, Richard Gay (hereinafter "the applicant") is owner of the property <br />located at 2735 Shadywood Road within the City of Orono (hereinafter "the City") and legally <br />described as follows: <br />That part of Lot 26, "Pheasant Lawn" lying southeasterly of a line draw n parallel with the <br />northwesterly line of said lot from a point on the northeasterly line of said lot 123.6 feet <br />southeasterly, measured along said northeasterly line from the most northerly comer of said <br />Lot 26, according to the plat thereof on file and of record in the office of the Registrar of <br />Titles in and for said County and State. Also all of Tract U, except the Northeasterly 110 feet <br />thereof. Registered Land Sur\ ey No. 415, Files of Registrar of Titles, County of Hennepin, <br />Minnesota (hereinafter "the property"); and <br />WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning <br />Code Section 10.03, Subdivision 15 (D) to permit the construction of a 6' fence within the average <br />lakeshore setback where 3.5' is allowed. <br />WHEREAS, after due published md mailed notice in accordance with Minnesota <br />Statues and the City of Orono Zoning and Plan '' 'des, the Orono Planning Commission held <br />a public hearing on October 19, 1998, at which ...• ,iv his agents, and all other interested <br />members of the public were allowed to comment on tL -, , vsed application; and <br />Page 1 of 3