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A RESOLITION GRANTING <br />AFTER-THE-FACT <br />VARIANC EN TO SECTION 10.22, SL'BDI\ ISION 2. <br />SECTION 10.55, SI BDIVISION 8, SECTION 10.56, SI BDIVISION 16 (C) (5), <br />SECTION 10.56, SUBDIVISION 16 (J) AND (L) <br />AND A CONDITIONAL USE PERMIT <br />PER SECTION 10.03, SUBDIVISION 21 <br />FILE NO. 01-2717 <br />WHEREAS. Ted H. Spooner and Jody M. Spt>oner. (hercinafler "the applicaiUs**) arc llie <br />ovsncrs of the property located at 700 Tonkawa Road within the City of Orono (hereiiianer "the <br />City") and legally described as follows: <br />ITie southeasterly half of Lot 7 and that part of Lot 8. all in “Parten’s Point, <br />l-irst Addition.” according to the recorded plat thereof lying northwesterly <br />of the follow ing described line: Commencing at the most westerly comer of <br />said Lot s. thence southeasterly along the southwesterly line of said Lot 8 a <br />di.stance of 51.34 feet to the point of beginning of the line to be described; <br />thence northeasterly parallel w ith the north line of said Lot 8 to the shore <br />of Lake Minnctonl i and there terminating. Hennepin County. Minnesota <br />(hereinafter "the property"); and <br />WHEREAS, the applicants ha\ e applied to the City to pemiit the after the fact construction <br />of retaining walls b> the lakeshore requiring variances to Municipal Code Sections 10.22, <br />Subdi\ ision 2.10.55. Subdivision 8 and 10.56. Subdivision 16 (J) and (L) to allow hardcover in the <br />0-75* lakeshore setback /one and a variance to Section 10.56, Subdivision 16(CK5) to allow <br />retaining walls which are prohibited in the shore setback zone, and a conditional use pemtit for <br />lakeshore alterations per Section 10.03.Subdivision 21. <br />WHEREAS, after due published notice and mailed notice in accordance with Minnesota <br />Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held <br />a public hearing on September 17. 2001, at which time all persons desiring to be heard concenjing <br />this application were given the opportunity to speak thereon. <br />NOW, THEREFORE, BE IT RESOLVED by the Cit> Council of Orono, Minnesota: <br />Page 1 of 7