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• City of ORONO RESOLUTION OF THE CITY COUNCIL 2576 A RESOLUTION DENYING VARIANCES TO MUNICIPAL CODE SECTION 10.25, SUBDIVISION 6 (B) FILE NO. 1296 WHEREAS, the City of Orono is.a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted a Community Management Plan and Zoning Regulations for the protection of the public health, safety and general welfare; and WHEREAS, Merritt J. Peterson and Rick Stodola (hereinafter "the applicants"). have an interest in the property located within the City of Orono (hereinafter "the City") legally described as Tracts F and G, Registered Land Survey #1216, Hennepin County, Minnesota (hereinafter "the • property"); and WHEREAS, the applicants have applied to the City for variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) seeking an area variance to allow construction of a principal residence within an approximate building envelope of 5,500 s.f. and an average dry buildable land depth of 95 to 105 feet where the zoning district would require a minimum of 21,700 s.f. or 1/2 acre in area, requiring approval of an area variance of 16,280 s.f. or 75%. Absent a site plan for the development of this site, and in consideration of the minimum standards of the LR -1C zoning district, the applicants would probably have to seek additional hardcover and lakeshore setback variances to Section 10.22, Subdivisions 1 & 2, and variances to Section 10.55, Subdivision 8 that would prohibit structures and excavations within 75' of the'lakeshore; and WHEREAS, the City Council has reviewed the application; the recommendations of the staff and Planning Commission; and the comments of the applicants and applicants' attorney. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orono hereby denies the requested variance for the property described above based upon one or more of the following findings of fact concerning this property: 1. Registered Land Survey #1216 was filed on May 8, 1967. The property at that time was zoned R -1D, requiring 1/2 acre in area and the subdivision regulations of the City would have required City approval. The public records of the City do not provide any evidence that the record owner at that time, Miriam D. Coffee, now Mrs. Ewald Gustafson, had filed an application for subdivision approval, as the majority of tracts within RLS #1216 are wetlands area, it is not clear as to the original purpose of the division.