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I /-J fof? <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. ~ 9 Q 6· <br />A RESOLUTION AMENDING <br />RESOLUTION NO. 5765 <br />FILE NO. 08-3350 <br />WHEREAS, Frederick C. Peters, a single person, (hereinafter "'Owner") is <br />the owner of the property located at 3127 Casco Circle within the City of Orono (hereinafter <br />"City") and legally described as: Lot 2, Block 1, Colorado Springs, Hennepin County, <br />Minnesota (hereinafter "the Prope1iy"); and <br />WHEREAS, J.Sven Gustafson has made application on behalf of the Owner <br />to the City to revise the setback variance granted by Resolution No. 5765 that allows a tennis <br />court 22 feet from the northerly side property line when a 30 foot setback is required to <br />instead allow the tennis court to be 22 feet from the southerly property line, while maintaining <br />a 30 foot setback from the nmiherly side prope1iy line; and <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning <br />Commission held a public hearing on January 19, 2010 at which times all persons desiring to <br />be heard concerning this application were given the opportunity to speak thereon. <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 #08-3350. <br />2. The Planning Commission reviewed this application on January 19, 2010 and <br />on a vote of 6 -0 recommended approval of the revision to the setback <br />variance, based on the following findings: <br />a. The tem1is court fits the site better at the proposed location than at the <br />approved location. <br />b. There will be no adverse impact on drainage. <br />3. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments <br />Page 1 of 2