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A RESOLUTION DENYING <br />VARIANCES TO MUNICIPAL CODE <br />SECTION 1.0.22, SUBDIVISIONS 1 AND 2 <br />AND SECTION 10.24, SUBDIVISION 5 (B) <br />FILE NO. 1025 <br />WHEREAS, the City of Orono is a municipal corporation organized <br />and existing under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. <br />the City Council of the City of Orono has adopted a Community Management <br />Plan and Zoning Regulations for the protection of the public health, safety <br />and general welfare; and <br />WHEREAS, Edward R. Henrich (hereinafter "the applicant") is the <br />owner of the property located at 4115 Highwood Road within the City of <br />Orono (hereinafter "City") and legally described as fcllows: <br />Lot 19, Highwood Lake Minnetonka, Hennepin County, Minnesota <br />(hereinafter "the property"); and <br />WHEREAS, the applicant has applied to the City of Orono for <br />variances to Municipal Zoning Code Section 10.24, Subdivision 5 (B) to <br />allow construction of a residence on a property o:: 0.19 acre in area and <br />43.5' in width where 1.0 acre and 140' in width are normally required to be <br />considered as a building site, and for variances to Municipal Zoning Code <br />Section 10.k2, Subdivisions 1 and 2 to allow such proposed residence <br />structure to encroach 18' into the defined average lakeshore setback where <br />no encroachment is normally allowed, and to construct a residence and the <br />necessary appurtenant improvements such as a driveway and sidewalks, which <br />will in total exceed the 25% hardcover normally allowed in the 75-250' <br />lakeshore setback zone; and <br />WHEREAS, the City Council has reviewed the application; the <br />recommendations of the staff and Planning Commission; and the comments and <br />written statements submitted by the applicant, his attorney and neighboring <br />property owner, and has considered the effect of the proposed variances on <br />the health, safety, and welfare of the community. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of the City <br />of Orono hereby denies the requested lot area, lot width, hardcover, and <br />average lakeshore setback variances requested, based on one or more of the <br />following findings of fact concerning this property: <br />1. The lr.operty contains approximately 8,463 s.f. (0.194 acre) in <br />land area. <br />Page 1 of 6 <br />