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WHEREAS, the City Council has reviewed the application, the reports of the City <br />staff, the comments of 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 variance as described above based on one or more of the following <br />findings of fact concerning this property and application: <br />FINDINGS <br />1.This application was reviewed as Zoning File #2422. <br />2.The property is located in the LR-IB Zoning District, where 1 acre or 43,560 sq. ft. <br />is the minimum lot area. <br />3. <br />4. <br />5. <br />6. <br />The lot would allow a 6' fence to be placed on the street side of the property. <br />The applicant's desire to place the dog run on the lakeside of the property was due to <br />future plans to place an addition to the home located over the portion of the lot that <br />would allow a 6' fence, and to provide immediate access to the house. <br />The zoning code prohibits any fence structures from encroaching into the average <br />lakeshore setback over 3 1/2 ’. <br />The Planning Commission reviewed this application on October 19, 1998 and <br />recommi nded denial on a vote of 4 to 1. <br />A. <br />B. <br />The applicant has requested a variance to permit a 6' fence within the average <br />lakeshore setback where a 3 1/2' fence is allowed for the keeping of dogs on <br />the property. <br />The requirement for a 6' fence is a result of the breed of dog the property <br />owners intend to keep on the property. The zoning code requires a undue <br />hardship inherent in the land to grant a variance. <br />Page 2 of 3