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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 6p <br />A RESOLUTION <br />APPROVING VARIANCES FROM <br />MUNICIPAL ZONING CODE <br />SECTIONS 78-1279 & 78-1580 <br />FILE NO. 16-3813 <br />WHEREAS, on February 17, 2016, Matthew McCoy Burns and Zazil Morales <br />Burns, husband and wife (hereinafter the "Applicants"), applied for a variance from the City Code <br />for the property addressed 1180 Loma Linda Avenue, and legally described as: <br />All that part of Government Lot 4, Section 8, Township 117, range 23 West of <br />the 51 Principal Meridian, described as follows: Commencing at a point on the Section <br />line between Section 7 and 8,100 feet North of the East and West Quarter line of said <br />Section 8; thence running East parallel with said East and West Quarter line of said <br />Section 8 to the shoreline of Lake Minnetonka; thence Northeasterly following said <br />shoreline to a point distant 190 feet North, measured at right angles from said East <br />and West Quarter line of said Section 8; thence West parallel with said East and West <br />Quarter line to the section line between Sections 7 and 8; thence South along said <br />section line 90 feet to the point of beginning (PID 08-117-23-23-0002) (hereinafter the <br />"Property°); <br />WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of retaining walls <br />within 75 -feet of the OHWL of Lake Minnetonka where no structure is permitted; and <br />WHEREAS, the Applicants have made application to the City of Orono for a <br />variance to Orono Municipal Zoning Code Section 78-1680 to allow retaining walls consisting of <br />hardcover within the 75 -foot setback of the OHWL where no hardcover is permitted; and <br />WHEREAS, on March 21, 2016, after published and mailed notice in accordance <br />with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time <br />all persons desiring to be heard concerning this application were given the opportunity to speak <br />thereon; and <br />WHEREAS, on March 21, 2016, the Planning Commission recommended approval <br />of the variances; and <br />WHEREAS, on April 11, 2016 the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; and <br />