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'rte - r �� T, . *-t RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION GRANTING SETBACK AND HARDCOVER VARIANCES FROM ORONO MUNICIPAL CODE SECTIONS 78-1680 & 78-1405 (8) a 4) FILE NO. 15-3753 6533 WHEREAS, the City of Orono, a Minnesota municipal corporation, (hereinafter the "Applicants") are the owners of Lydiard Beach within the City of Orono (hereinafter "City") (hereinafter "the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1680 to permit the addition of hardcover in the form of a split rail fence where a no additional hardcover is permitted; and WHEREAS, the proposed hardcover is 58 square feet over the existing hard cover; and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1405 to permit construction of a fence as close as 30 feet from the ordinary high water level (OHWL) of the lake where a 75 foot setback is required; and WHEREAS, after due published notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on July 20, 2015, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. WHEREAS, after due mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono City Council held a public hearing on August 10, 2015, at which times all persons desiring to be heard conceming this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: 1. This application was reviewed as Zoning File #15-3753.. 2. The Planning Commission reviewed this application on July 20, 2015, the Planning Commission voted 6 in favor and 0 opposed on a motion to approve the hard cover and fence encroachment variances; based on the following findings: Page 1 of 3