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. � O� O .� O CITY of ORONO � , ,r-� �� ' D+ RESOLUTION OF THE CITY COUNCIL � G'�� NO. � � 23 ��xE o�� sH A RESOLUTION GRANTING A VARIANCE TO MUNICIPAL ZONING CODE SECTION 78-1279(6) FILE NO. 13-3627 WHEREAS, Rebecca L. Shabaz, a single person (hereinafter "the Applicant") is the owner of the property located at 2216 Shadywood Road within the City of Orono (hereinafter the "City") and legally described as: Lot 11, Block 1, Wileys Park, Lake Minnetonka, Hennepin County, (hereinafter the "Property"); and WHEREAS, the Applicant has made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279(6) to allow construction of an in- ground spa ahead of the average lakeshore setback; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning Commission on August 19, 2013 at which times all pe�sons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File number 13-3627. 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning District which requires a minimum lot area of 0.5 acre and a minimum lot width of 100'. � 3. The Planning Commission reviewed this application at a public hearing held on August 19, 2013 and voted 7 for and 0 against on a motion to approve the average lakeshore setback variance based on the following findings: a. The Property contains 17,029 square feet in area and has a defined width of 50-feet at the lake and 50-feet at the 75-foot setback. b. Relocating the proposed in-ground spa to meet the average lakeshore setback line results in an encroachment into the required 10-foot separation distance from the home and deck. Page 1 of 4