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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 3 4 3 9 ·-. <br />A RESOLUTION GRANTING <br />A VARIAN CE TO <br />1\fUNICIP AL ZONING CODE <br />SECTION 10.56, SUBDIVISION 16 (C-1) <br />FILE #1930 <br />\VHEREAS, Margaret P. Cost (hereinafter "the applicant") has an interest in the <br />property located at 255 Brown Road South within the City of Orono (hereinafter "City") and <br />legally described as follows: <br />Lot 1, Block 1, Byfield, Hennepin County, Minnesota (hereinafter "the property"); and <br />WHEREAS, the applicant has applied to the City for a variance to Municipal <br />Zoning Code Section 10.56, Subdivision 16 (C-1) to permit the construction of a residence that <br />would be located 75' from a protected tributary instead of the required 100'. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1930. <br />2. The property is located in the RR-lB, Rural Residential Zoning District requiring <br />2 acres of dry contiguous area. The property consists of 5 acres, 3 acres of wet <br />and 2 acres of dry contiguous. <br />3. The Orono Planning Commission reviewed this application on May 16, 1994, and <br />recommended approval of the variance as amended based upon the following <br />unique findings and hardships: <br />A. The Byfield Plat was approved in 1980 prior to the current Shoreland <br />Regulations that now require setbacks from protected tributaries. At the <br />TRANSFER ENTERED) time the Byfield Plat was approved the setback for structures from the <br />HENNEPIN COUNTY TAXPAYER SERVl(WS protected tributary was 26'. <br />Page 1 of 4 <br />f•m IOOS 1)11> O..Ono