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. . <br /> � O� <br /> O �!� � O CITY of ORONO <br /> �t �� <br /> a=- <br /> � �i �- �.-�'; F RESOLUTION OF�T�E�L�Y COUNCIL <br /> �� ` �� .'t�fa �, 0 � <br /> � NO. <br /> ��kEsHog'� <br /> A RESOLUTION <br /> GRANTING VARIANCES FROM <br /> MUNICIPAL ZONING CODE <br /> SECTIONS 78-1279, 78-1282 8� 78-1680 <br /> AND A CONDITIONAL USE PERMIT <br /> PURSUANT TO MUNICIPAL ZONING CODE <br /> SECTIONS 78-966 & 78-1286 <br /> FILE NO. 14-3656 <br /> WHEREAS, Thomas M. Randgaard Trust U/A Dated December 19, 2000, <br /> (hereinafter the "Owner") is the owner of the property located at 2765 Shadywood Road within <br /> the City of Orono (hereinafter the "City") and legally described as: <br /> Tracts E, F, G, H, I and J of Registered Land Survey No. 415 files of Registrar of Titles, <br /> County of Hennepin (hereinafter the "Property"); and <br /> WHEREAS, Thomas M. Randgaard, co-trustee of the Thomas M. Randgaard <br /> Trust U/A Dated December 19, 2000, (hereinafter the "Applicant") on behalf of the Owner has <br /> made application to the City of Orono for an after-the-fact variance to Orono Municipal Zoning <br /> Code Section 78-1680 to allow installation of approximately 60 square feet of additional <br /> hardcover for an elevated patio (hereinafter"East Patio"); <br /> WHEREAS, there are existing legal non-conforming improvements within the 75- <br /> foot setback on the Property and in accordance with Orono Municipal Code Section 78-71 the <br /> Applicant intends to perform in-kind replacements including the following: a paver sidewalk, <br /> convert a porch (a.k.a. hot tub room) to an above grade patio; reconstruct an at-grade patio and <br /> convert a deck to the East Patio; and <br /> WHEREAS, in conjunction with the in-kind replacement of the East Patio, the <br /> Owner has made application to the City of Orono for an after-the-fact variance to Orono <br /> Municipal Zoning Code Section 78-1279 to permit construction of the East Patio 42 feet from the <br /> OHWL of Lake Minnetonka and approximately 1.5 feet closer to the OHWL than the deck it was <br /> replacing where a 75' lakeshore setback is normally required; <br /> WHEREAS, in conjunction with the in-kind replacement the Applicant has made <br /> application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to <br /> Orono Municipal Zoning Code Section 78-966 and 78-1286 to allow installation of rain gardens <br /> as well as an after-the-fact CUP to address the filling related to the as-constructed elevated <br /> patios within the 75-foot setback on the Property; and <br /> Page 1 of 5 <br />