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RESOLUTION NO. 929 . A RESOLUTION DENYING A REZONING APPLICATION BY JAMES K. MCCLEARY WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City of Orono has authority and responsibility under Minnesota Statutes Section 412 et. seq., 462 et. seq. and other applicable sections to protect the health, safety and general welfare of the citizens of the City; and WHEREAS, pursuant to the authority noted above, the City Council has adopted a Comprehensive Guide Plan on December 2, 1974; and WHEREAS, effective January 1, 1975, the Orono City Council adopted Ordinance 172, the Zoning Code of Orono, Minnesota, for the express purpose of implementing, administering and enforcing the intents and purposes of the Comprehensive Guide Plan; and WHEREAS, Section 34.000 et. seq. and 34.300 et. seq. of the Orono Zoning Code prescribe certain permitted uses and performance standards for Single Family Lakeshore Residential property designated &y the Zoning Code as the LR-lA district; and WHEREAS, the stated purpose of the LR-lA use district is to allow a combination of low density residential development and limited agricultural activity while protecting the natural resources of Lake Minnetonka and Long Lake from storm water runoff and the effects of dense development. WHEREAS, Section 35.100 et. seq, of the Orono Zoning Code prescribes certain permitted uses and performance standards for Lakeshore Business District property designated by the Zoning Code as the B-2 district; and WHEREAS, the stated purpose of the B-2 use district is to allow limited commercial business development to service boats used for recreational purposes on Lake Minnetonka, to require partial restoration of the shoreland vegetation that will serve to avoid pollution of the lake water, and insure protection of adjacent residential properties which have previously suffered from the unregulated expansion of commercial activities. WHEREAS, on April 26, 1978, James K. McCleary, hereinafter -cCleary, made an application to the City for rezoning of certain property rom the B-2 use district to the LR-lA use district.