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A RESOLUTION GRANTING <br />VARIANCES AND A CONDITIONAL USE PERMIT <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISION 2; SECTION 10.56, SUBDIVISION 16 (LKD; <br />SECTION 10.56, SUBDIVISION 16 (JK3); SECTION 10.55, SUBDIVISION 8; <br />SECTION 10.56, SUBDIVISION (JK4b); SECTION 10.56, SUBDIVISION 16 (NKO; AND <br />SECTION 10.03, SUBDIVISION 15(G)(2c) <br />FILE NO. 03-2869 <br />WHEREAS, Dr. Robert Gumnit and Francis Graham, husband and wife, (hereinafter <br />"the applicants") are the owners of the property located at 1100 Old Crystal Bay Road, within the <br />City of Orono (hereinafter "the City") and legally described as follows: <br />Exhibit A” attached, Hennepin County, Minnesota, (hereinafter “the property"); and <br />WHEREAS, the applicants have applied to the City for variances and conditional <br />use permit to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision <br />16 (L)(l); Section 10.56, Subdivision 16 (J)(3); Section 10.55, Subdivision 8; Section 10.56, <br />Subdivision (J)(4b); Section 10.56, Subdivision 16 (NXl); Section 10.03, Subdivision 15 (G)(2c) <br />to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on <br />the property, constituting hardcover within the 0 to 75 ’ setback zone from the OHWL of French <br />Lake where no hardcover is permitted; grading, f 'ing and excavating within 75 ’ of the OHWL <br />of French Lake where no grading, filling or excavating is permitted; movement of moi : than 500 <br />cubic yards of material within the shoreland overlay district; and to permit keeping horses on an <br />intermittent basis on the island of land, an agricultural use >\ithin 150’ of the OHWL of French <br />Lake where no agricultural use is permitted; and a fence within 150’ of the OHWL of French <br />Lake where no fences are permitted, located in the RR-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 Pb; ig <br />Commission held a public hearing on February 19, 2003, at which time all persons desiring to be <br />heard concerning this application were given the opportunity to speak thereon. <br />Minnesota: <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Page 1 of 6 <br />i