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A RBSOLDTION DENYING <br />APTER-THB-PACT VARIANCES TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISIONS 1 S 2 AND <br />SECTION 10.24, SUBDIVISION 5 (B) <br />PILE #1579 <br />WHEREAS, the City of Orono is a municipal corporation <br />organized and existing under the laws of the State of Minnesota; <br />and <br />WHEREAS, pursuant to State Statute 412 et. seq. and 462 <br />et. seq., the City Council of the City of Orono has adopted <br />a community management plan and zoning regulations for the <br />protection of the public health, safety and general welfare; and <br />WHEREAS, Garry & Marie Everson (hereinafter "the <br />applicants") are the owners of the property located at 4755 North <br />Shore Drive within the City of Orono (hereinafter "the City") <br />and legally described as follows: <br />The southeasterly one-half of Lot 7, and Lots 5 and 6, <br />Bergquist & Wicklunds Park, according to the recorded <br />plat thereof, Hennepin County, Minnesota (hereinafter <br />"the property"); and <br />WHEREAS, the applicants have applied to the City of <br />Orono for variances seeking after-the-fact approval for <br />construction of a deck located lakeward of the defined average <br />lakeshore setback line where no such encroachment is normally <br />allowed per Municipal Zoning Code Section 10,22, Subdivision 1 <br />(B), such structure being located less than the 10' side yard <br />setback required for such structures per Section 10.24, <br />Subdivision 5 (B), and such structure increasing hardcover in the <br />75-250* lakeshore setback zone in excess of the 25% normally <br />allowed in that zone per Section 10.22, Subdivision 2; and <br />WHEREAS, the City Council has reviewed the application; <br />the recommendations of the staff and Planning Commission, and <br />the comments and written statements submitted by the applicants. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of <br />Orono, Minnesota hereby denies the after-the-fact application for <br />expansion of the pre-existing deck, as described above based upon <br />one or more of the following findings of fact concerning this <br />property: <br />Page 1 of 7