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City of ORO NO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />A RESOLUTION GRANTING <br />A CONDITIONAL USE PERMIT PER <br />MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 5 <br />FILE #951 <br />WHEREAS, John 9nimmesh (hereinafter "the applicant") is <br />an owner of one of the properties located at 2739 Shadywood Roau <br />within the City of Orono (hereinafter "City") and legally des- <br />cribed as Tracts S 6 T, Registered Land Survey No. 415 (herein- <br />after "property"); and <br />WHEREAS, the applicant has applied to the City for a <br />conditional use permit per Municipal Zoning Code Section 10.03, <br />Subdivision 5 A through J to permit the continued use of the <br />property as a legal non -conforming use and, Sc)ecificaliy, per <br />Section 10.03, Subdivision 5 (J) seeks a v_ iance to Section <br />10.24, Subdivision 4 (A) to allow an accessory structure (dock) <br />on a property that is unable to sustain a principal structure. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #951. <br />2. The property is located in the LR-1D Single Family <br />Lakeshore Residential Zoning District. <br />3. On August 19, 1985 the Orono Planning Commission re- <br />viewed this application as proposed and recommended approval <br />based on the following findings: <br />A) Per Section 10.03, Subdivision 5 (J): <br />"Where, however, such a situation existed legally under <br />the prior applicable law, the Council will .got <br />unreasonably require strict compliance and will <br />generai:y ook with favor on granting of a variance..." <br />The substandard tracts were created prior to formal <br />municipal zoning and controls in February of 1955. <br />13) The Orono Council minutes of 1958 and a newspaper <br />article published in the Minnetonka Harold in that samv <br />year confirm that the City was aware of the existence <br />and use of accessory docks by non -adjacent owners. <br />Page 1 of 4 <br />