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CITY of ORONO : RESOLUTION OF THE CITY COUNCIL NO. 5632 �Z. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTIONS 78-330, 78-1279, 78-1288(b), AND 78-1432 AND A CONDITIONAL USE PERMIT AND VARIANCE PER SECTION 78-1286 - FILE NO. 07-3259 WHEREAS, Gary and Kathy Gangstee, husband and wife (hereinafter "the owners") are the owners of the property located at 1374 Rest Point Road within the City of Orono (hereinafter the "City") and legally described as follows: Lot 1, Block 1, Rest Point, Hennepin County, Minnesota; also known as PINS No. 07-117-23 33 0012 (hereinafter the "property"); and WHEREAS, Lake Country Builders on behalf of the owners has made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-330 and 78-1279 to allow construction of a new single family residence on a lot 0.65 acre in area where 1.0 acre in area is normally required, and to allow such construction to be attached to an existing garage that is 9.1 feet from the side lot line where a 10 foot setback is normally required; and a variance to Section 78- 1288(b) to allow in conjunction with the new home construction, 0-75' zone hardcover of 7.72% where 8.98% hardcover currently exists and no hardcover is normally allowed, and 75-250' zone hardcover of 27.4% where 35.2% exists and only 25% is normally allowed; and a variance to Section 78-1432 to allow retention of an accessory structure upon removal of the principal structure; and a variance and conditional use permit for retaining wall reconstruction and grading within 75' of the shoreline; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on February 20, 2007 at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; the application was subsequently revised by the owners and reviewed by the Planning Commission again on April 16, 2007 at which time the Planning Commission voted 5-0 to recommend approval; and WHEREAS, the City Council reviewed the revised application on May 14, 2007 and directed staff to draft a resolution reflecting approval of the variances as requested in the most recent revision, subject to all engineering issues being resolved prior to final action. Page 1 of 5