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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />L NO. -- <br />A RESOLUTION GRANTING <br />VARIANCES TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.31, SUBDIVISION 8 (C) AND (D)(2) <br />AND CONDITIONAL USE PERMIT PER <br />MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 19 <br />FILE #1247 <br />WHEREAS, per Section 10.31, Subdivi .ion 6 (F), Robert Posthumus <br />(hereinafter "the applicant") having an interest in the property <br />indentified as Big Island, Record Lot #40 within the City of Orono <br />(hereinafter "City") has filed a building permit application for the <br />proposed construction of a 3-bedroom, seasonal dwelling of approximately <br />1,536 s.f. in area, an approved use, on the property legally described as <br />Lots 58 and 59, Morse Island Park, Hennepin County, Minnesota (hereinafter <br />"the property"); and <br />WHEREAS, the applicant has been required to file a land use <br />application with the City that would seek approval of a side setback <br />variance for the seasonal dwelling of 20' or 66% where Section 10.31, <br />Subdivision 8 (D)(2) requires a 301 -tback, a setback variance of 25' or <br />33% for the well where Section 10.31, ibdivision 8 (A) would require a 75' <br />setback from the lake, and per Section 10.03, Subdivision 19 a conditional <br />use permit is required for land alterations within the 75' lakeshore <br />protected area. <br />NOW, THEREFORE, BE 1T RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. " ication was reviewed as Zoning File #1247. <br />2. Niff property is located in the RS, Seasonal Recreational Zoning <br />Die,=_ric:. <br />The property is approximately .54 acres in area, and per Section <br />10.31, Subdivision 6 (F) approved on nuary 13, 1983, the property <br />was classified as a substandard -buildable record lot and was granted a <br />permanent lot area variance and recognized by the City Council as a <br />buildable lot. The property is approved for a single seasonal <br />dwelling. <br />4. The Orono Planning Commission reviewed this application on March <br />21, 1988, and recommended approval of the proposed variances and <br />conditional use permit based on the following findings and hardships: <br />Page 1 of 4 <br />