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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6767 <br />A RESOLUTION <br />APPROVING VARIANCES FROM <br />MUNICIPAL ZONING CODE <br />SECTIONS 78-1279; 78-1605 & 78-1680 <br />FILE NO. 17-3937 <br />WHEREAS, on April 19, 2017, John Brooks, (the "Applicant"), applied for variances <br />from the City Code for the property addressed 905 Ferndale Road West and legally described as: <br />Lots 107, 108, and 109, Auditor's Subdivision No. 184, and Lot 13, North Shore <br />Cottage Acres, Hennepin County, Minnesota (hereinafter the "Property"); <br />WHEREAS, the Applicant has made application to the City of Orono for a variance <br />to Orono Municipal Zoning Code Section 78-1279 to allow construction of a 4 -foot by 8 -foot <br />concrete pad to support a gas generator (the "Generator") 26 feet from the ordinary high water <br />level where a 75 -foot setback is required; and <br />WHEREAS, the Applicant has made application to the City of Orono for a variance <br />to Orono Municipal Zoning Code Section 78-1605 to allow construction of a Generator within 30 <br />feet of a wetland where a 35 -foot setback is required; and <br />WHEREAS, the Applicant has made application to the City of Orono for a variance <br />to Orono Municipal Zoning Code Section 78-1680 to allow construction of a Generator resulting <br />in 32 square feet of hardcover where no hardcover is permitted; and <br />WHEREAS, on May 15, 2017, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br />time all persons desiring to be heard concerning this application were given the opportunity to <br />speak thereon; and <br />WHEREAS, on May 15, 2017, the Planning Commission recommended approval <br />of the variances; and <br />WHEREAS, on June 12, 2017 the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br />hereby approves the requested variances as described above based on one or more of the <br />following findings of fact concerning the Property: <br />