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p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 7 9 6 `�kFSH0 A RESOLUTION APPROVING A VARIANCE FROM MUNICIPAL ZONING CODE SECTION 78-1279, 78-1700, 78-350 FILE NO. 17-3965 WHEREAS, on August 23, 2017, David and Lynn Gutermuth ("Applicants"), applied for a variance from the City Code and on September 7, 2017 the application was deemed complete for the property addressed 2665 Casco Point Road and legally described as: Lot 136, Spring Park, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow lake yard setback to construct retaining wall; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1700 to allow hardcover which exceeds 25%to 26.33% or 171.25 square feet; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new single family home with substandard lot width if 60 feet and lot area 0.29 acres where 100 feet in width and 0.5 acres in area is required; and WHEREAS, on September 18, 2017, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on September 18, 2017, the Planning Commission recommended approval of the variance; and WHEREAS, on October 9, 2017 the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: