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• • O 2 ,' OCITY of ORONO VET ; ti �� . � ,.i �„ �� RESOLUTION OF THE CITY COUNCIL l� �r;. .gam NO. 5551 kESB� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-1286(d)(2) AND DENYING A VARIANCE TO SECTION 78-1279(6) FILE NO. 05-3135 WHEREAS, Allen J. Munson and Deanna L. Munson, husband and wife (hereinafter "the applicants") are the owners of the property located at 3165 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: EXHIBIT A, attached (hereinafter the "property"); and WHEREAS, the applicants have made application to the City of Orono for a conditional use permit per Orono Municipal Zoning Code Section 78-1286(d)(2) to allow land alterations consisting of fill in an amount exceeding 500 cubic yards; and a variance to Section 78-1279(6) to allow placement of a new residence forward of the average lakeshore setback line where no encroachment is normally allowed. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #05-3135. 2. The property is located in the LR — 1B Zoning District which requires a minimum lot area of 1.0 acre and a minimum lot width of 140' at the shoreline and the 75' lake setback line. The lot has an area of 1.38 acres, a width of 173' at the shoreline and 150' at the 75' setback line, and contains an existing residence. 3. The Planning Commission reviewed this application at public hearings held on January 17, 2006 and February 21, 2006, and subsequently voted 3-3 on a motion to recommend approval of the average setback variance based on a building height of 27' and approval for a CUP to allow fill of 2350 c.y. as proposed. The motion included a requirement that the Page 1 of 6