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A RSSOLOTIOH GRANTIliG <br />AN APTBR-THB-FACT VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.55, SUBDIVISIONS 8 <br />FILE #1394 <br />WHEREAS, Dennis E. Evans (hereinafter "the applicant") <br />has an interest in the property located at 3059 Farview Lane <br />within the City of Orono (hereinafter "City") and legally <br />described as Lot 6, Dloc)c 1, Farview, Hennepin County, Minnesota <br />(hereinafter "the property"); and <br />WHEREAS, the applicant has applied to the City for an <br />after-the-fact variance to Municipal Zoning Code Section 10.55, <br />Subdivisions 8 to permit a racket ball addition to the principal <br />structure located 20* from a designated wetlands instead of <br />meeting the required 26* setback. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1394. <br />2. The property is located in the LR-IA Single Family <br />Lakeshore Residential Zoning District requiring 2 acres in <br />area. The property consists of 2+ contiguous acres in area. <br />3. The Orono Planning Commission reviewed this application <br />on April 17, 1989, and recommended approval of the after- <br />the-fact variance based upon the following findings: <br />A) The issuance of Permit #4082 by the City of Orono <br />for the racket ball addition on September 10, 1979 <br />confirms that owner at that time had complied with all <br />requirements and zoning standards of the City. <br />B) The building was put up in good faith and reliance <br />upon City approval. <br />C) The denial of this variance years after completion <br />of construction would create an unmarketable property <br />and would be economically unfeasible to correct. <br />Page 1 of 4