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A RESOLUTION <br />DENYING AN AFTER THE FACT VARIANCE <br />AND CONDITIONALLY GRANTING A VARIANCE <br />TO MUNICIPAL ZONING CODE SECTIONS 10.22 SUBD. 2, <br />10.55 SUBD. 8, AND 10.56 SUBD. 16(L) <br />- HLE .'lO. 03-2906 <br />WHEREAS, Richard and Collette Roberts, husband and wife, (hereinafter **the <br />applicants") are arc the owners of property located at 1 937 Fagemess Point Road within the City of <br />Orono (hereinafter "the City") and legally described as follows: <br />Exhibit A, attached (hereinafter the "property”); and <br />WHEREAS, the applicants have made application to the City ofOrono for a variance <br />to Orono Municipal Zoning Code Sections 10.22 Subd. 2, lO.SS Subd. 8, and 10.56 Subd. 16(L) to <br />allow the construction of retaining walls (some of which have already been constructed without <br />permits) located within 75' of the shore of Lake Minnetonka, where no structures or hardcover are <br />normally allowed. <br />Miimcsota: <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono. <br />FINDINGS <br />1. This application was reviewed ac Zoning File #03-2906. <br />2.The property is located in the LR-IC Single Family Lakeshore Residential Zoning <br />District, which requires minimum lot area of 0.5 acres and and minimum lot width <br />of 100*. The lot is 0.39 acres in area and 74' in width. <br />3.The Planning Commission reviewed this application at a public hearing held on June <br />16, 2003 and recommended denial of the variance for retaining walls already <br />constructed within 75' of the shoreline on the lake side of Fagemess Point Road, and <br />recommended conditional approval for certain retaining w alls not yet constructed on <br />the house side of Fagemess Point Road, based on the following findings: <br />Page 1 of 6 <br />* <br />J