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` �M _ <br /> � i�i.�l 1.� a . <br /> d C�t� o� ORONO <br /> • C3� RESOLUTION OF THE CITY COUNCIL <br /> � NO. 1846 - A <br /> • ' • • <br /> A RESOLDTION GRANTING <br /> A CONDITIONAL DSE PERMIT PER <br /> MUNICIPAL ZONING CODE <br /> SECTION 10.03, SUBDIVISION 5 <br /> FILE #941 <br /> WHEI2EAS, Paul R. Nutt (hereinafter "the applicant") is <br /> an owner of one of the properties Iocated at 2739 Shadywood Road � <br /> within the City of Orono (hereinafter "City") and legally des- <br /> cribed as Tracts Q & R, Registered Land Survey No. 415 (herein- <br /> after "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 RESOI,VED by the City Counci 1 of <br /> Orono, Minnesota: <br /> FINDINGS <br /> l. This application was reviewed as Zoning File #941. <br /> 2. The property is I.ocated in the LR-1B Single Family <br /> Lakeshore Residential Zoning District. <br /> 3. On August 19, 1985 the Orono Pl.anning 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 Iegally under <br /> the prior applicable Iaw, the Council will not <br /> unreasonab3.y require strict compliance and will <br /> generally Iook 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 Counci3. 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 />