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A RESOLUTION GRANTING CERTAIN VARIANCES <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.56, SUBDIVISION 16 (JK2); SECTION 10.22, SUBDIVISION 2; <br />SECTION 10.56, SUBDIVISION 16 (LKl); SECTION 10.56, SUBDIVISION 16 (L)(2); <br />AND SECTION 10.56, SUBDIVISION 16 (JK5Kh) <br />nLE NO. 03-2898 <br />WHEREAS, Douglas and Roban Smith, husband and wife, (hereinafter "the <br />applicants ”) are the owners of the property located at 4195 Highwood Road, within the City of Orono <br />(hereinafter "the City”) and legally described as follows: <br />Lot 26, 27, and 28, Highwood Lake Minnetonka, Hennepin County, Minnesota <br />(hereinafter "the property”); and <br />WHEREAS, the applicants have applied to the City for variances from Municipal Zoning <br />Code Section 10.56, Subdivision 16 (JX2); Section 10.22, Subdivision 2; Section 10.56, Subdivision <br />16 (L)(l); Section 10.56, Subdivision 16 (LX2); and Section 10.56, Subdivision 16 (JX5Xh) to <br />permit replacement of existing retaining walls and stairs within 75' of the OHWL of Lake <br />Minnetonka with 524 s.f. (4.6%) hardcover within the 0-75’ setback zone where none is permitted; <br />grading, filling and excavating of more than 10 cubic yards within 75 ’ of the OHWL where no more <br />than 10 cubic yards is permitted; and placing fill in a bluff impact zone where no fill is permitted, in <br />the LR-IB zoning district, and <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning <br />Commission held a public hearing on May 19,2003, at which time all persons desiring to be heard <br />concerning this application were given the opportunity to speak thereon. <br />NOW, THEREFORE, BE IT RESOLNTD by the City Council of Orono, <br />Minnesota: <br />1. <br />HNDINGS <br />This application was reviewed as Zoning File W3-2894. <br />2. The property is located in the LR-1B Zoning District, where 1 acre is the minimum <br />required lot area. The property consists of approximately 0.9 acres. <br />Page 1 of 5