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. _ {. � ._ , <br /> �� , <br /> d Clt� o� ORONO <br /> � RESOLUTION OF THE CITY COUNCIL <br /> � <br /> � � NO. 1847 <br /> � ' • • <br /> A RESOLQTION GRANTING <br /> A CONDITIONAL USE PERMIT PER <br /> MIINICIPAL ZONING CODE <br /> SECTION 10.03, SIIBDIVISION 5 <br /> FIL$ #946 <br /> WHEREAS, David C. Cook (hereinafter "the applicant") is <br /> an owner of one of the properties I.ocated at 2739 Shadywood Road <br /> within the City of Orono (hereinafter "City") and legally des- <br /> cribed as Tracts E, Registered Land Survey No. 411 (hereinafter <br /> "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, specifically, per <br /> Section 10.03, Subdivision 5 (J) seeks a variance 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 Counci I of <br /> Orono, Minnesota: <br /> FINDINGS <br /> 1. This application was reviewed as Zoning File #946. <br /> 2. The property is located in the LR-1B 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 not <br /> unreasonably require strict compliance and will <br /> ' generally look 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 /> B) The Orono Council minutes of 1958 and a newspaper <br /> article published in the Minnetonka Harold in that same <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 />