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A <br />A RESOLUTION GRANTING VARIANCES PER <br />MUNICIPAL ZONING CODE SECTION 10.22, SUBDIVISION 2 <br />AND SECTION 10.56, SUBDIVISION 16 (L) (D AND <br />A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 19 <br />FILE NO. 2492 <br />WHEREAS, Rick and Gail Luzaich (hereinafter the "applicants") are owners of <br />a property located at 2490 Old Beach Road within the City of Orono (hereinafter "City"); and <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Miimesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning <br />Commission held public hearings on May 17, 1999 and June 21, 1999, at which times all persons <br />desiring to be heard concerning this application were given the opportunity to speak thereon; and <br />WHEREAS, the applicant has applied to the City for variances to Municipal <br />Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit a <br />retaining wall to stabilize a stairway located on a steep slope for the purposes of lake access within <br />the 0-75' lakeshore setback to allow 210 s.f. (1.5%) hardcover where 60 s.f. (0.5%) exists and <br />none (0%) is allowed; and <br />WHEREAS, the applicant has applied to the City for a conditional use permit to <br />Municipal Zoning Code Section 10.03, Subdivision 19 to allow grading and construction of a <br />retaining wall within 75' of the Ordinary High Water Level (OHWL) of Lake Minnetonka. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #2492. <br />2.The Comprehensive Plan addresses the issue of maintaining a natural appearance <br />along lakeshore properties. The Plan states minimum green belts will be provided <br />with prohibitations against clearcutting or excessive thinning of vegetation. Natural <br />Page 1 of 7