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1 <br />L <br />A RESOLUTION GRANTING <br />A VARIANCE TO MUNICIPAL ZONING CODE <br />SECTION 10.22, SUEDIVISIONS 1 (B) AND 2 <br />AND A CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 19 <br />FILE NO. 2117 <br />WHEREAS, Thomas R. McCune and Martha H. McCune (hereinafter the <br />"applicants") are owners of the property located at 1473 Bay Ridge Road within the City of Orono <br />(hereinafter "City") and legally described as follows: <br />Exhibit A attached (hereinafter the "property"); and <br />WHEREAS, the applicants have applied to the City for variances to Municipal <br />Zoning Code Section 10.22. Subdivisions 1 (B) and 2 to permit the construction of two-tiered <br />retaining wall located 69’ from the Ordinary High Water Level of Lake Minnetonka where a 75 ’ <br />setback is required. The proposed improvement will result in an increase in hardcover of 90 s.f. <br />or 15.6% where 24 s.f. or 4.1% exists resulting in an total of 114 s.f. or 19.8% hardcover where <br />none is allowed. Applicants have also applied for a conditional use permit per Section 10.03, <br />Subdivision 19 that would allow for the installation of a two-tiered retaining wall at a maximum <br />heiizht of 8’. <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 #2117. <br />The property is located in the LR-IA Single Family Lakeshore Residential Zoning <br />District. <br />3.The Orono Planning Commission reviewed this application on March 18, 1996 and <br />recommended approval of the variances and conditional use permit as proposed <br />based upon the following unique findings and hardships: <br />Page 1 of 6