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® o CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL 4kES0 NO. A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1288 AND A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 78-1286 FILE NO. 04-3060 WHEREAS, Michael J. Ebertz and Donna R. Ebertz, husband and wife (hereinafter "the applicants") are the owners of the property located at 1220 Tonkawa Road within the City of Orono (hereinafter the "City") and legally described as follows: That part of Lot 9, Auditor's Subdivision Number 217, Hennepin County, Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at right angles from a line described as follows: Beginning at a point on the easterly line of County Road No. 135 distant 1141.25 feet southeasterly along said easterly line from its intersection with the North line of Lot 10, said Auditor's Subdivision; thence northeasterly 143.2 feet to a point distant 1004.29 feet south at right angles from the North line of said Lot 10; thence continuing northeasterly on the extension of the last- described line to the shore of Maxwell's Bay, and there terminating, Hennepin County, Minnesota (hereinafter the "property'); and WHEREAS, the applicants have made application to the City of Orono for variances and conditional use permit to Orono Municipal Zoning Code Section 78- 1288 and Section 78-1286 to allow retaining walls within 75' of the OHWL of Lake Minnetonka requiring hardcover variances for the 0-75' zone and a conditional use permit to allow grading within 75' of the OHWL. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File ;404-3060. The property is located in the LR-1B, One Family Lakeshore Residential District. �-hich requires a minimum lot area of 1.0 acres. The applicants' property is 1.07 acres in total area.