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• ■ ;Ji K <br />A RESOLUTION GRANTING VARIANCES <br />______ TO MUNICIPAL ZONING CODE <br />SECTION 78-1288 AND <br />A CONDITIONAL USE PERMIT IN ACCORDANCE <br />WITH SECTION 78-1286 <br />FILE NO. 04-3060 <br />WHEREAS, Michael J. Ebertz and Donna R. Ebertz, husband and wife <br />(hereinafter **the applicants”) are the owners of the property located at 1220 Tonkawa <br />Road within the City of Orono (hereinafter the “City ”) and legally described as follows: <br />That part of Lot 9, Auditor’s Subdivision Number 217, Hennepin County, <br />Minnesota, lying southerly of a line parallel with and 125 feet southeasterly at right <br />angles from a line described as follows: Beginning at a point on the easterly line of <br />County Road No. 135 distant 1141.25 feet southeasterly along said easterly line from its <br />intersection with the North line of Lot 10, said Auditor’s Subdivision; thence <br />northeasterly 143.2 feet to a point distant 1004.29 feet south at right angles from the <br />North line of said Lot 10; thence continuing northeasterly on the extension of the last- <br />described line to the shore of Maxwell’s Bay, and there terminating, Hennepin County, <br />Minnesota (hereinafter the “property”); and <br />WHEREAS, the applicants have made application to the City of Orono <br />for variances and conditional use permit to Orono Municipal Zoning Code Section '7g. <br />1288 and Section 78-1286 to allow retaining walls within 75’ of the OHWL of Lake <br />Minnetonka requiring hardcover variances for the 0-75’ zone and a conditional use <br />permit to allow grading within 75’ of the OHWL. <br />NOW, THEREFORE BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. <br />2. <br />This application was reviewed as Zoning File 404-3060. <br />The property is located in the LR-IB, One Family Lakeshore Residential <br />District, which requires a minimum lot area of 1.0 acres. The applicants’ <br />property is 1.07 acres in total area. <br />Page I of 6