04-26-2004 Council Packet - Laserfiche WebLink

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r A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT PER SECTIONS 78-1113/14(2b) FILE NO. 04-2997 WHEREAS, the City of Orono Public Works Department (hereinafter "the applicant") has made application to the City ofOrono (hcrcinafler “the City”) for vaiianccs to Municipal Zoning Code Section 78-1112andaConditional Use Pennit per Section 78-1113/14(2b)toallow filling and grading within 75' of the shoreline of Lake Minnetoirka, within and within 26’ of a wetland, and within the flood plain adjacent to Lake Minnetonka, to allow for the improvement of a pedestrian and limited vehicular access driveway within the public dedicated riglit-of-way located between Lots 38 and 39, Morse Island Park, Hennepin County, Minnesota (hereinafter “the right-of-way”); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City ofOrono Zoning mid Planning Codes, the Orono Planning Commission held a public Iicaring on March 15,2004, and again on Anril 19,2004 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW,TIIEREFORE, BE IT KESOLVEDbytheCityCouncilofOrono. Minnesota: FINDINGS 1. This application was reviewed as Zoning File //04-2997. 2. The right-of-way is located in the RS Seasonal Recreation Zoning District. 3.Tlie Planning Commission review ed the application for variances and a conditional use pennit at public hearings held on Mai eh 15 and Apnl 19,2001 and recommended approval by a vote ol 7-0 based 'Ml the following findings and hardships; The proposed access driv eway will be 10’ in width anil 1 SO' in length, and w ill provide a walkablc access point, with limited vehicular accessability, for the north halfofthe island. This access will replace the access drive that was formerly used on the north side of the page I of 6