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A RESOLUTION GRANTING <br />VARIANCES TO MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISIONS 1 AND 2; <br />SECTION 10.25, SUBDIVISION 6; <br />SECTION 10.56, SUBDIVISION 16 (L) (1&2) <br />SECTION 10.25, SUBDIVISION 6 <br />AND DENY A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 19 <br />FILE #2410 <br />WHEREAS, Peter Boynton and Darsi Boynton (hereinafter "the applicants") are <br />owners of the property located at 1973 Fagemess Point Road within the City of Orono <br />(hereinafter "City") and legally described as follows; <br />Lot 7, Fagemess, Hennepin County, Minnesota (hereinafter "the property"); and <br />WHEREAS, after due published notice and mailed notice in accordance vdth <br />Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning <br />Commission held public hearings on August 17, 1998; October 19, 1998; October 16, 1998; <br />January 19, 1999; and July 19, 1999, at which times all persons desiring to be heard <br />concerning this application were given the opportunity to speak thereon; and <br />A <br />WELEREAS, the applicants have applied to the City for variances and a <br />conditional use permit to Municipal Zoning Code Section 10.25, Subdivision 6 and Section <br />10.22, Subdiwsion 1 to permit new residential constmction on a lot 76.54' wide where 80' is <br />required and 10,350 sq. ft. in lot area where 17,424 sq. ft. is required; and to pennit the <br />residence to be located 47.59' from the OHWL of Lake Minnetonka where 75' is required wd <br />21.01' from the street lot line where 30' is required; Section 10.22, Subdivision 6 and Section <br />10.56, Subdivision 16 (L) (1) to pennit 638 sq. ft. (11%) hardcover in the 0-75' lakeshore <br />setback where 1,285 sq. ft. (22%) exists and no (0%) hardcover is allowed; and Section 10.22, <br />Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to pennit 1,356 sq. ft. (30%) <br />hardcover in the 75-250' lakeshore setback where 1,496 sq.ft. (33%) and 1,122.5 sq. ft. (25%) <br />is allowed, and a conditional use permit to permit grading of 124 cubic yards for the purpose <br />of creating a walkout of the lower level of the residence within 75' of the lakeshore per <br />Section 10.03, Subdivision 19. <br />Page 1 of 5 <br />1