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L meetingMAR 1 2 1990i,;d .Mayor and City Council Q|]Y 0pMichael P. Gaffron, Asst. Planning & Zoning Admin.March 6, 1990rP: #1452 - Walter and Marilyn Pemberton, 1720 Shadywood Road - Variance - Resolution>£ ExhibitsA. Draft Denial Resolution Per Council Direction of1/8/90B. Notice of Council Action 1/26/90C. Council Minutes of 1/8/90D. Memo and Exhibits of 1/16/90\ ^ ^ conceptually deny the Pemberton requestâ– t"®3CK and hardcover variances on January 8, 1990, and <br />to draft a denial resolution. That application <br />bled at applicant's request on 1/22/90 by a vote of 3 to 1. <br />plicants have proposed no changes in their request since <br />nuary 8th meeting. Per Council's direction, a resolution nial has been drafted. <br />I: Moved by __, seconded by __, to adopt Resolution # <br />g variances requested by Walter and Marilyn Pemberton it <br />nadywood Road. Ayes ___, Nays <br />DWT33M nnilUOO^'^000 ^0 YTI"A RESOLUTION DENYING VARIANCES TO MUNICIPAL ZONING CODESECTIONS 10.55, SUBDIVISION 8 AND 10.22, SUBDIVISION 1 AND 2FILE #1452WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; andWHEREAS, pursuant to State Statute 412 seq. and 462 seq., the <br />City Council of the City of Orono has adopted zoning regulations for the <br />protection of the public health, safety and general welfare; and <br />WHEREAS, Walter and Marilyn Pemberton (hereinafter "the <br />applicants") are the owners of the property located at 1720 Shadywood Road <br />within the City of Orono (hereinafter "the City") and legally described as <br />follows: <br />Lots 12 and 13, except that part of said Lot 12 lying northerly of a <br />line drawn parallel with and distant 71.2 feet northerly measured at <br />right angles fro.*> the southerly line of said Lot 13, Shadywood, <br />Hennepin County, Minnesota (hereinafter "the property"); and <br />WHEREAS, the applicants have applied to the City for variances to <br />Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and 10.55, <br />Subdivision 8 to permit the construction of a room addition to the existing <br />house, such addition proposed to be located entirely within the 0-75* <br />lakeshore setback zone where no structure or hardcover is normally allowed; <br />and <br />WHEREAS, the City Council has considered this application <br />including the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the owner and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br />Minnesota hereby denies the application of Walter and Marilyn Pemberton for <br />variances to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2 and <br />10.55, Subdivision 8 for the property legally described above, based on one <br />or more of the following findings: <br />Page 1 of 4