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CITY OF TROY CD <br />RESOLUTION OF THE CITY COUNCIL <br />N O . <br />655~ <br />\kE S 1H4 <br />A RESOLUTION <br />DENYING A VARIANCE FROM <br />ORONO MUNICIPAL CODE SECTION 78-1279 <br />FILE NO. 15-3781 <br />WHEREAS, Harry Yaffe and Belle Yaffe, a married couple, (hereinafter <br />"Applicants") are the owners of the property located at 3185 Casco Circle within the City of <br />Orono (hereinafter "City") and legally described as Lots 35 and the westerly % of Lot 34; and <br />All of the land lying between above described property and the shore of Lake Minnetonka on <br />the South, and between the Westerly line of said Lot 35 and the Easterly line of said Westerly <br />Y of said lot 34 produced Southerly to said lake shore; all in Spring Park, Hennepin County, <br />Minnesota (hereinafter "the Property"); and <br />WHEREAS, the Applicants have made application to the City for a variance <br />from Orono City Code Section 78-1279 to permit construction of a 7.5 foot portion of a new <br />home lakeward of the average Lakeshore setback line; and <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission <br />held a public hearing on September 21, 2015, at which times all persons desiring to be heard <br />concerning this application were given the opportunity to speak thereon; and <br />WHEREAS, during the September 21, 2015 Planning Commission meeting, the <br />Applicants requested approval of a modified plan in response to concerns voiced by the <br />affected neighbor to move the home 1.5 feet further from the lake and allow a 6 foot <br />encroachment lakeward of the average lakeshore setback line and a 1.5 foot encroacment into <br />the 30 foot rear setback; and <br />WHEREAS, on September 21, 2015, the Planning Commission voted to <br />recommend approval of the modified request for an average lakeshore setback to permit a 6 <br />foot portion of the lake side of the home to encroach lakeward of the average lakeshore <br />setback line and a 1.5 foot encroachment into the required 30 foot rear setback. This motion <br />failed with a 3 to 3 vote. No additional motions were made. <br />WHEREAS, the Applicants presented a further modified application to the City <br />Council at a meeting held on October 12, 2015 for consideration of an average lakeshore <br />setback variance to allow a 6 foot encroachment lakeward of the average lakeshore setback <br />line, no additional encroachments were requested; and <br />Page 1 of 3 <br />