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! - r . <br /> � O� <br /> O O <br /> '����� CITY of ORON4 <br /> ,� � - � <br /> . � � <br /> �� � � �� G~' RESOLUTION OF THE CITY COUNCIL <br /> ��kEsliog'� NO. � $ ; <br /> � , <br /> A RESOLL'TION DENYING A VARIANCE <br /> TO THE ORONO, MINNESOTA, CITY CODE <br /> SECTION 78-1403 <br /> FILE NO. 08-3378 <br /> WHEREAS, Michael T. Whittington and Julie A. Whittington, husband <br /> and wife, (hereinafter "Owners") are the owners of the property located at 1981 Fagerness <br /> Point Road within the City of Orono (hereinafter "City") and legally described as: Lot 4, <br /> Fagerness and accre�ions therto lying between the extension southeasterly to the shore of Lake <br /> Minnetonka of the Northeasterly and Southwesterly lines of said Lot 4, Hennepin County, <br /> Minnesota (hereinafter "the Property"); and <br /> WHEREAS, the Owners have made application to the City for a variance to <br /> Orono Code Section 78-1403 to allow a swimming pool and pergola lakeward of the avera�e <br /> lakeshore setback; and <br /> WHEREAS, after due published notice and mailed notice in accordance with <br /> Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission <br /> held a public hearin� on September 15, 2008, at which times all persons desirin; to be heard <br /> concerning this application were given the opportunity fo speak thereon. <br /> NO�', THEREFORE, BE IT RESOLVED by the City Council of Orono, <br /> Minnesota: <br /> FINDINGS <br /> L This application was reviewed as Zoning File #08-3378. <br /> 2. The Property is located in the LR-1C zoning district, where 0.5 acre is the <br /> minimurr� lot area and 100 feet is the minimum lot width. The Property is <br /> approximately 0.68 acre (0.46 west of road & 0.22 east of road) in area and <br /> 100 feet in width. <br /> 3. The Planning Commission re��iewed this application on April 20, 2009 and on <br /> a vote of 6 - 0 recommended denia] of the variance, based on the following <br /> findings: <br /> Page 1 of 2 <br />