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r � .:� �:•. � ' <br /> ';�_ <br /> . •��� F':,1.. <br /> . � l�x�. ���� Cit� o� ORONO <br /> • �... ! � � .4�. <br /> RESOLUTION OF THE CITY COUNCIL <br /> '.� ." • �+� NO. 189 3 <br /> � :i <br /> � � � � .. <br /> �CV <br /> WHEREAS, the appl.icant has applied to the City for <br /> mul.tiple after-the-fact variances to Municipal Zoning Code <br /> Section 10.22, Subdivisions 1 and 2 to permit a five foot high <br /> fence within' approximately 35 feet of the lakeshore where no <br /> structure or hardcover is allowed within 75 feet of the Iakeshore <br /> and a variance to Municipal. Zoning Code Section 10.03, Sub- <br /> division 9 (A) to permit construction of an accessory structure <br /> on a property that is unable to sustain a principal structure and � <br /> per Section 10.03, Subdivision 5 the City must approve a condi-,. ;� <br /> . tional use permit in conjunction with the granting of a variance <br /> to Section 10.03, Subdivision 9 (A) as the proposed accessory <br /> • structure and use of the property is to be recognized as a Iegal <br /> non-conforming use. <br /> WHEREAS , the City Council of Orono (hereinafter <br /> "Council.") has reviewed the findings of the Planning Commission <br /> and the City staff and the written and oral comments of the <br /> applicant. <br /> • NOW, TH$REFORE, BE IT RESOLVED that the City Council of <br /> Orono, Minnesota hereby denies the variance application of George <br /> F. Rovegno as proposed based on one or more of the following <br /> findings: <br /> FINDINGS <br /> l. This application was reviewed as Zoning File #986. <br /> 2. The property is Iocated in the LR-lA Single Famil.y <br /> Lakeshore Residential Zoning District and a portion of the <br /> property abutts the Iakeshore of Lake Minnetonka. <br /> 3. Per Section 10.03, Subdivision 6 (B) - Combination of <br /> Separated Parcels Prohibited. <br /> No Iot or parcel. of land which is divided by a ,public, <br /> private or platted road or road easement, which res�ults in <br /> any segment thereof being Iess than the minimum acreage <br /> required for that zoning district, shall be allowed to be <br /> combined with any separated parcel of Iand across the road <br /> for purposes of qualifying under the minimum acreage, open <br /> space, required yard, setback or sanitary or septic system <br /> requirements, nor shall building or density credits be <br /> credited or transferred between such parcels under any pro- <br /> � visions of this Chapter. Each separate parcel must <br /> individuall.y conform to the provisions of this Chapter in <br /> ' connection with construction of improvements thereon. <br /> Page 2 of 5 • <br />