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� .� 0.1� ., O 4 • � � C ITY of ORONO a -.. , � ti ti RESOLUTION OF THE CITY COUNCIL ��`9 g'�'G NO. � � �' � . kESII� A RESOLUTION GRA.NTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-1279 SUBDIVISIONS (1), (2) & (3) and - SECTION 78-1288 SUBDIVISION (A) FILE NO. 04-3026 � WHEREAS, David R. Pomije and Joann Pomije, husband and wife (hereinafter "the applicants") are the owners of the property located at SO1 Tonkawa Road within the City of Orono (hereinafter the"City") and legally described as follows: � Attached as Exhibit A, (hereinafter the"property"); and ' WHEREAS, the applicants have made application to the City of Orono • for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision(1)to allow re-construction of a lakeside deck 39' froin the OHWL of Lake Minnetonka where 75' is � normally required and 39' was approved in 1992; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision(2)to allow re-construction of a lakeside deck located 5' from the top of the bluff where a 30' setback is normally required; and � WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision(3)to allow re-construction of a lakeside deck to be located within the top of the bluff impact zone where no structure,buildings, or hardcover is permitted; and WHEREAS, the applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow hardcover within the 0-75' setback zone from the OHWL of Lake Minnetonka at 11.2% (13.2% including the stair to the lake) where 0% is normally allowed and 11.2% was approved per Resolution No. 3191 in 1992, in order to rebuild a lakeside deck. NOW, THEREFORE $E IT RESOLVED by the City Council of Orono,Minnesota: • . Page 1 of 5 .