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YU 1219,19 <br />A RESOLUTION GRANTING r'+' � OF 'C RUNu <br />A VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISION 1 (B) <br />FILE #1303 <br />WHEREAS, Allan & Shirley Rezabek (hereinafter "the applicants") <br />are the owners of the property located at 1989 Fagerness Point Road within <br />the City of Orono (hereinafter "City") and legally described as follows: <br />Exhibit A, attached (hereinafter "the property"); and <br />WHEREAS, the applicants have applied to the City for a variance <br />to Municipal Zoning Code Section 10.22, Subdivision 1 (B) to permit the <br />installation of a privacy fence at approximately 6' in height that was <br />found to be located 6 to 9 inches within the boundaries of the property to <br />the south upon a recent Court Order Determining Boundaries and subsequent <br />filing with the Registrar of Titles, to be placed 10' from the west <br />shoreline, and 35' from the east shoreline i* 'id of 75' as required by <br />the ordinance. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1303. <br />2. The property is located in the LR-lC Single Family Lakeshore <br />Residential Zoning ' 'strict requiring 21,780 s.f. or .5 acres in area. <br />The property consis.. of approximately 20,291 s.f. or .46 acres. <br />3. On January 21, 1988, a petition of an Order Determining Boundaries <br />with the District Court of the Fourth Judicial District re -defined the <br />boundaries of the property. <br />4. The privacy fence, that was assumed located within the defined <br />boundaries of the property, was now found to be located within 6 to 9 <br />inches within the newly defined boundary of the property to the south. <br />5. The existing fence adjacent to the south property line is located <br />10' from the west shoreline and 35' from the east shoreline. <br />6. In order to re -install the privacy fence within the newly defined <br />;.orders of the property, the above referenced ordinance would require <br />that the applicants apply for lakeshore setback variances in order to <br />install the existing fence. <br />Page 1 of 4 <br />