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r+ �Y �- ti �s � <br /> ... �1 � � i <br /> d Clt� o� ORONO <br /> • � RESOLUTION OF THE CITY COUNCIL <br /> � NO. 1846 - B <br /> � - • • <br /> A RESOLUTION GRANTING <br /> A CONDITIONAL DSI3 PB1tMIT PER <br />� MDNICIPAL ZONING CODE <br /> SECTION 10.03, SIIBDIVISION 5 <br /> FILE #970 <br /> WHEREAS, Paul R. Nutt (hereinafter "the applicant") is <br />_ an owner of one of the properties located at 2739 Shadywood Road <br />, within the City of Orono (hereinafter "City") and legally des- <br /> � cribed as Tracts O & P, Registered Land Survey No. 415 (herein- <br /> af ter "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 Iegal 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 a1low an accessory structure (dock) <br /> on a property that is unable to sustain a principal structure. <br /> ' NOW, THEREFORE, BE IT RLSOLVED by the City Counci I of <br /> Orono, Minnesota: <br /> FINDINGS <br /> l. This application was reviewed as Zoning File #941. <br /> ; 2. The property is Iocated 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 /> a <br /> ' "Where, however, such a situation existed Iegally under <br /> : the prior applicable Iaw, 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 />