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City «:1,' 0R©NO <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 variance to Municipal 'Zoning Code Section 10.03, <br />Subdivision 16 to per_ nit a fence five feet in height within 30 <br />feet of the intersection of County RoPd 15 (Shoreline Drive) and <br />a pi:blic lake access to Smiths Bay where only a 3 foot high fence <br />is allowed, and a variance to Municipal Zoning Code Section <br />10.03, Eubdivi.sion 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 arantirg <br />of a variance to Section 1.0.03, Subdi % ision 9 (A) as the proposed <br />accessory structure and use of the property is to be recognized <br />as a legal 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 denies the variance application of George <br />?. Rovegno as proposed based on one or more of the following <br />findings: <br />FINDINGS <br />1. This application was reviewed as Zoning File i986. <br />2. The property is located in the i.R-lA Single Family <br />Lakeshore Residential Zoning District and a portion of the <br />property abut.ts the lakeshore of Lake Minnetonka. <br />3. Per Section 10.03, Subdivision 6 (B) - 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 beinq less than the minimum acreage <br />required for that zoning district., shall be 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 />apace, required yard, setback or sanitary or septic syste.a <br />requirements, nor shall building or density credits be <br />credited or transferred between such parcels under any <br />provisions of this Chapter. <br />Page 2 of 7 <br />