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� � <br /> . . � �1V' � <br /> :� � � � <br /> - CITY of ORONO <br /> � -:. ;. � <br /> , ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`9k'ESH.�4�G NO. � 5 5 � <br /> . A RESOLUTION <br /> GRANTING A CONDITIONAL USE PERMIT <br /> PER MUNICIPAL ZONING CODE SECTION 78-1286(d)(2) � <br /> AN]D DENYIIVG A VAI2YANCE TO SEC7CION 78-1279(� <br /> FILE NO. OS-3135 <br /> WHEREAS, Allen J. Munson and Deanna L. Munson, husband and wife <br /> (hereinafter "the applicants") are the owners of the property located at 3165 North Shore <br /> Drive within the City of Orono (hereinafter the"City") and legally described as follows: <br /> , EXHIBIT A, attached <br /> (hereinafter the"property"); and <br /> � WHEREAS, the applicants have made application to the City of Orono <br /> for a conditional use pernut per Orono Municipal Zoning Code Section 78-1286(d)(2) to <br /> allow land alterations consisting of fill in an amount exceeding 500 cubic yards; and a <br /> variance to Section 78-1279(6) to allow placement of a new�residence forward of the <br /> average lakeshore setback line where no encroachment is normally allowed. <br /> NOW, THEREFORE BE IT RESOLVED by the City Council of <br /> Orono, Minnesota: <br /> FINI)IP1GS <br /> 1. This application was reviewed as Zoning File#OS-3135. <br /> 2. The property is located in the LR — 1B Zoning District which requires a <br /> minimum lot area of 1.0 acre and a minimum lot width of 140' at the <br /> shoreline and the 75' lake setbacic line. The lot has an area of 1.38 acres, a <br /> width of 173' at the shoreline and 150' at the 75' setback line, and <br /> contains an existing residence. <br /> 3. The Planning Commission reviewed this application at public hearings <br /> held on January 17, 2006 and February 21, 2006, and subsequently voted <br /> 3-3 on a motion to recoinmend approval of the average setback variance . <br /> • based on a buildin� height of 27' and approval for a CUP to allow fill of <br /> 2350 c.y. as proposed. The motion included a requirement that the <br /> Page 1 of 6 <br />