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A RESOLUTION DENYING A VARIANCE <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.55, SUBDIVISION 8 AND <br />A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISIONS 19 AND 20 <br />FILE #2086 <br />WHEREAS, the City of Orono is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council <br />of the City of Orono has adopted zoning regulations for the protection of the public health, safety <br />and general welfare; and <br />WHEREAS, Robert Callan (hereinafter "the applicant") has an interest in the <br />property located at 2915 Somerset Lane within the City ot Orono (hereinafter the City ) and legally <br />described as follows: <br />Lot 2. Block 4, Old Ciy'stal Bay Road Second Addition. Orono, Hennepin County, <br />N'-rvesota (hereinafter "the property"); and <br />WHEREAS, the applicant has applied to the City for a variance to Municipal Zoning <br />Code Section 10.55. Subdivision 8 and a conditional use permit per Section 10.03, Subdivisions 19 <br />and 20 to permit the excavation or dredging ot a 6.250 s.t. or .143 acre ot spoils within a Type II <br />desicnatcd wetland of the City for the purpose of creating an open water area where the municipal <br />code would prohibit such alterations. Section 10.03, Subdivisions 19 and 20 would require a <br />conditional use permit for the proposed alteration; and <br />WHEREAS, the Orono Planning Commission after due public notice held a public <br />hearinu on November 20. 1995 to review the application, at which time the applicant, his agents, and <br />all other interested members of the public were allowed to comment on the proposed application; <br />and <br />Pane 1 of 6