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�': � . O� . � O � O • � C ITY of OR4N4 � � ti �� G'�' � RESOLUTION OF THE CITY COUNCIL �`�k'ESS�4� NO. �'� A RESOLUTION GRANTING VARIANCES � TO MiJNICIPAL ZONING CODE SECTIONS 78-282; 78-1112; AND 78-1286(b) FILE NO. 04-2983 WHEREAS, James D. Echtencamp and Jean M. Echtencamp, husband and wife (hereinafter"the applicants")are owners of the property located at 2800 Pheasant Road within the City of Orono (hereinafter "the City") and legally described as follows: Attached"Exhibit A" (hereinafter"the property"); and WI�REAS,the applicants submitted an application requesting variances to Municipal Zoning Code Sections 78-282,78-1112 and 78-1286(b)to permit filling and grading within 75'of the shoreline of Lake Minnetonka where no such activity is normally allowed; and S� �, WHEREA5,after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes,the Orono Planning Commission held a public hearing on February 17,2004,at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW,THEREFORE,BE IT RESOLVED by the City Council of Orono,Minnesota: FINDINGS 1. This application was reviewed as Zoning File#04-2983. 2. The property is located in the LR-1B Lakeshore Residential Zoning District. 3. The Planning Commission reviewed the application for variances at a public hearing held on February 17, 2004 and recommended approval by a vote of 5-0 based on the following findings and hardships: a) This property was granted hardcover variances in 2002 for a rebuild. The basis to allow the hardcover excesses was primarily related to the peninsula shape of the . lot,leaving about 1.5 acres of the 2-acre lot in the 0-75'zone;and the placement � Page 1 of 5