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t , CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6535 KFSHOR A RESOLUTION GRANTING A VARIANCE FROM ORONO MUNICIPAL CODE SECTION 78-1605 FILE NO. 15-3733 WHEREAS, James Wyman and Kathlyn Wyman, a married couple, (hereinafter the "Applicants") are the owners of the property located at 1185 Ferndale Road West within the City of Orono (hereinafter"City")and legally described as: Attached as Exhibit A(hereinafter"the Property"); and WHEREAS, the Applicants have made application to the City for a variance from Orono City Code Section 78-1605 to permit construction of a portion of a new driveway to encroach as close as 12 feet to the wetland edge where a 35-foot setback is required; 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 August 17, 2015, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. Minnesota: NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, 1. This application was reviewed as Zoning File #15-3733. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District which requires a minimum lot area of 2.0 acres and a minimum lot width of 200'. 3. The Planning Commission reviewed this application on August 17, 2015, the Planning Commission voted 5 in favor and 1 opposed on a motion to approve the setback variance allowing for the construction of the proposed driveway, based on the following findings: a). The Property contains 58,890 square feet in area and has 129 feet in width at the OHWL and 150 feet in width at the 75 foot setback. b). The Property is unique in that the existing home is essentially land locked and depends on access over an existing driveway though the property at 1165 Ferndale Road which is located within the 35-foot wetland setback. Page 1 of 5