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A RESOLUTION GRANTING VARIANCES <br />TO MUNICIPAL ZONING CODE SECTIONS 10.55, <br />SUBDIVISION 8 AND 10.56, SUBDIVISIONS 16(J&L) <br />ANT> GRANTING A CONDITIONAL USE PERMIT <br />PER SECTIONS 10.03, SUBDIV ISION 19, <br />SECTION 10.55, SUBDIVISIONS 10-12, <br />AND SECTION 10.56, SUBDIVISION 16(J)(4b) <br />FILE NO. 1881 <br />WHEREAS, John E. Whitman and Donna M. Whitman (hereinafter the <br />"applicants") are owners of the property located at 1570 Sixth Avenue North within the City of <br />Orono (hereinafter "City") and legally described as Tract A, RLS No. 1418, Hennepin County, <br />Minnesota and have been granted an easement that permits the construction and extension of <br />roadway across Tract E of said RLS (said Tracts A and E hereinafter referred to as "the <br />property") ; and <br />WHLilEAS, the applicants have made application to the City of Orono to permit <br />the construction of a private driveway crossing of a protected tributary requiring variances to <br />Section 10.55, Subdivision 8 which prohibits filling, grading and excavation within 26’ of the <br />Flood Plain and Wetland Conservation Area, and a variance to Section 10.56, Subdivision 16 <br />(J) (2&3) which prohibits grading, filling and excavating within 75’ of the Ordinary High Water <br />Level of a protected tributary, and a variance to Section 10.56, Subdivisions 16 (L) which <br />prohibits placement of hardcover within 75’ of a protected tributary, and which project requires <br />a conditional use permit per Section 10.03, Subdivision 19 for grading and filling in exce.ss of <br />100 cubic yards, and a conditional use permit per Section 10.55, Subdivisions 10 through 12 for <br />construction of a "bridge" over a stream in the Flood Fringe District, and a conditional use <br />permit per Section 10.56, Subdivision 16 (J) (4b) for movement of more than 100 cubic yards <br />of material within the Shoreland District. <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 /^1881. <br />Page 1 of 6