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City , c �f' ORONO <br />k. � <br />RESOLUTION OF THE CITy COUNCIL <br />NO. <br />WHEREAS, the applicant has applied to the City for <br />variances to Municipal Zoning Code Section 10.22, Subdivision 1 <br />to permit a five foot high fence within approximately 35 feet of <br />the lakeshore where only a three and one half foot high fence is <br />allowed, and a valiance to Municipal 'boning Code Section 10.03, <br />Subdivision 16 to permit a fence five feet in height within 30 <br />feet of the intersection of County Road 15 (Shoreline Drive) and <br />a public lake access to SmitiAs Bay where only a 3 foot high fence <br />is allowed, and a variance to Municipal Zoning Code Section <br />10.03, Subdivision 9 (A) to permit construction of an accessory <br />structure on a property that is unable to sustain a principal <br />structure; and <br />WHEREAS, per Section 10.03, Subdivision 5 the City must <br />approve a conditional use permit in conjunction with the granting <br />of a variance to Section 10.03, Subdivision 9 (A) as the proposed <br />accessory structure and use of the property is to be recognized <br />as a iegai non -conforming use. <br />WHEREAS, the City Council of Orono (hereinafter <br />"Council") has reviewed the findings of the Planning Commission <br />and the City staff and the written and oral comments of the <br />applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of <br />Orono, Minnesota hereby denie!; the variance application of George <br />F. Rovegno as proposed fused on one or more of the following <br />findings: <br />F _ M) l NGS <br />1. This application was reviewed as Zoning File 1986. <br />2. The property is located in the LR-1A Single Family <br />Lakeshore Residential Zoning District and a portion of the <br />propel ty abutts the Lakeshore of Lake Minnet� nka. <br />3. Per Section 10.03, Subdivision 6 (R) - Combination of <br />Separated Parcels Prohibited. <br />No lot or parcel of land which is divided by a public, <br />private or platted road or road easement, which results in <br />any segment thereof being less than the minimum acreage <br />required for that zoning district, shall he allowed to be <br />combined with any separated parcel of land across the road <br />for purposes of qualifying under the minimum acreage, open <br />spare, required yard, setback or sanitary or septic system <br />requirements, nor shall buildinc( or density credits be <br />creditel or transferred between Duch pArcels under any <br />provisions of this Chapter. <br />Page 2 of 7 <br />