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Oz , O CITY of ORONO RESOLUTION OFTHE CITY COUNCIL 4kESH04" A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1282 & 78-1680 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966 FILE NO. 13-3623 WHEREAS, Lin Yan and Amy Yongli Shi, a married couple (hereinafter "the Applicants") are the owners of the property located at 1330 Cherry Place within the City of Orono (hereinafter the "City") and legally described as: Lots 1 and 2, Block 11, Saga Hill Revised (hereinafter the "Property"); and WHEREAS, the Applicants have made application to the City of Orono for variances from Orono Municipal Zoning Code Sections 78-1680, 78-1279 and 78-1282 to allow construction of a new lake access stair resulting in 209 square feet of hardcover and which replaces an existing stair encroaching into the adjacent undeveloped City right-of-way within 75 feet of the OWHL of Lake Minnetonka; and WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading to correct a drainage issue adjacent to the existing home on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, public hearings were held by the Orono Planning Commission on September 16, and October 21, 2013 at which times all persons 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 13-3623. Page 1 of 5