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. � �� <br /> O 4 <br /> CITY of ORONO <br /> � � <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`�kEsi;�g'�G NO. '.��� � Q 1� <br /> A RESOLUTION GRANTING VARIANCES <br /> TO MUNICIPAL ZONING CODE <br /> SECTIONS 78-1288,78-1282 AND 78-330 <br /> FILE NO. 06-3246 <br /> WHEREAS, the Estate of Mary Peterson, (hereinafter "Owner") is the <br /> owner of the property located at 4205 North Shore Drive within the City of Orono <br /> (hereinafter "City") and legally described as: That part of Lot 2 "Orchard Beach", lying <br /> Southeasterly of the following described line and its Northeasterly extension: Commencing at <br /> the Northeast corner of Lot 3, "Orchard Beach"; thence on an assumed bearing of North along <br /> the Northerly extension of the East line of said Lot 3 a distance of 78.92 feet; thence on a <br /> bearing of West a distance of 89.50 feet to the point of beginning of the line being described; <br /> thence South 31 degrees 56 minutes 53 seconds West to the Southwesterly line of said Lot 2 <br /> and there ending. Subject to the easement for County State Aid Highway No. 19 as shown in <br /> Hennepin County Highway Plat no. 50 recorded as Cr doc. 4746024. Subject to a perpetual <br /> easement for underground utility purposes in favor of the City of Orono as contained in CR <br /> Doc. No. 3925296. Hennepin County, Minnesota (hereinafter"the Property"); and <br /> WHEREAS, Highmark Builders has made application on behalf of the Owner <br /> to the City for a variance to Municipal Zoning Code Section 78-1288 to allow 28.4 percent <br /> hardcover in the 75 to 250 foot zone when 25 percent is allowed. and <br /> WHEREAS, Highmark Builders has made application on behalf of the Owner <br /> to the City for a Variance to Municipal Zoning Code Section 78-1282 to allow <br /> encroachments into the average lakeshore setback by the house and an encroachment into the <br /> average lakeshore setback by deck stairs; and <br /> WHEREAS, Highmark Builders has made application on behalf of the Owner <br /> to the City for a Variance to Municipal Zoning Code Section 78-330 to allow construction of <br /> a replacement residence on a lot with an area of 0.62 acre when 1.0 acre is required and a <br /> width of 60 feet when 140 feet is required; and <br /> WHEREAS, after due published notice and mailed notice in accordance with <br /> Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning <br /> Commission held a public hearing on March 19, 2007, at which times all persons desiring to <br /> be heard concerning this application were given the opportunity to speak thereon. <br /> Page 1 of 5 <br />