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O O CITY of ORONO RESOLUTION OF6rT6I Y COUNCIL NO. vv JJ �kES140 A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-395(B) FILE NO. 13-3632 WHEREAS, Dale Robert Richardson and Tamara Richardson, a married couple (hereinafter "the Applicants") are the owners of the property located at 4325 Chippewa Lane within the City of Orono (hereinafter the "City") and legally described as Lot 1, Block 1, Chippewa, Hennepin County, Minnesota (hereinafter the "Property"); and WHEREAS, on April 4, 2013, the Applicants requested a building permit in order to construct an 8' x 8' deck 34.4 feet from the west side lot line where 50 foot side yard setback is normally required; WHEREAS, on April 9, 2013, the Applicants were notified by Planning Department staff that the building permit application was incomplete; WHEREAS, in August 2013 the City Building Official inspected the Property and observed the deck had been constructed without proper City permits. The Applicants were notified that an after-the-fact building permit and after-the-fact variance would be necessary in order to allow the deck to remain on the Property; WHEREAS, the Applicants have made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning Code Section 78-395 (B) to allow the as- constructed 8' x 8' deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally required and a 28 foot setback currently exists for the existing home; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 21, 2014 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 13-3632. Page ] of