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A RESOLUTION GRANTING <br />A VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.28, SUBDIVISION 5 (B) AND <br />SECTION 10.75. SUBDIVISION 4 (B) AND <br />GRANTING A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 10 <br />FILE #1445 <br />WHEREAS, Gregory C. Peterson (hereinafter "the <br />applicant") is the owner of the property located at 1355 Arbor <br />Street within the City of Orono (hereinafter "City") and legally <br />described as Lot 2, Block 2, Markville, Hennepin County, <br />Minnesota (hereinafter "the property"); and <br />WHEREAS, the applicant has made application to the City <br />of Orono per Section 10.03, Subdivision 10 seeking the approval <br />of a conditional use permit to allow the installation of a pool <br />on the property defined as a through lot and in addition seeks a <br />setback variance to Section 10.75, Subdivision 4 (B) that would <br />require a 50' setback from the rear street lot line, applicant <br />has proposed a 2419" setback requiring approval of a 2513" or 50% <br />setback variance. Per Section 10.2e, Subdivis' on 5 (B), <br />applicant seeks a side setback variance £o. propos--d addition <br />to the rear of the existing residence to be ocated 19' from the <br />north side property line instead of 30' as required by the <br />ordinance. <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 #1445 <br />2. The property is located in the RR-lB Single Family Rural <br />Residential Zoning District requiring a minimum of 2 acres <br />of dry contiguous land. <br />3. The roperty is approximately .32 acres or 14,000 square <br />feet and is served by municipal sewer. <br />4. The Orono Planning Commission reviewed this application <br />on September 6, 1989 and recommended approval the <br />proposed variances per Zoning Code Section .28, <br />Subdivision 5 (B) and Sectin 10.75, Subdivision 4 t,j) and <br />per Section 10.03, Subdivision 10 recommends approval of a <br />conditional use permit based on the following findingE: <br />Page 1 of 4 <br />