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A RESOLUTION GRANTING RENEWAL OF A VARIANCE <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.55, SUBDIVISION 8 AND <br />GRANTING RENEWAL OF A CONDITIONAL USE PERMIT PER <br />SECTION 10.55, SUBDIVISION 10 (B) <br />FILE NO. 1918 <br />WHEREAS, James K. Daniels and Julie Ann Lynch/Daniels (hereinafter "the <br />applicants") are the owners of the property located at 1225 Orono Oaks Drive within the City <br />of Orono (hereinafter "City") and legally described as follows: <br />Lot 7, Block 1, Orono Oaks, Hennepin County, Minnesota (hereinafter "the <br />property"); and <br />WHEREAS, the applicants have made application to the City of Orono for <br />renewal of a variance and conditional use permit previously granted via Resolutions No. 2305 <br />and 2413 to permit the consrmction of a residential driveway within 26’ of a designated wetland <br />area within the property, requiring excavation, fill and grading within the 26 wetland setback <br />zone where such instruction is not normally allowed per Zoning Code Section 10.55, <br />Subdivision 8, unless a conditional use permit is granted per Section 10.55, Subdivision 10 (B). <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 #1918. <br />2. <br />3. <br />4. <br />The property is located in the RR-IB Single Family Rural Residential Zoning <br />District. <br />The property is approximately 4.2 acres in total area of which approximately .33 <br />acres was designated as protected wetland area as part of the subdivision of <br />Orono Oaks in 1978. The dry buildable area within Lot 7 under the current <br />apparent wetland conditions (below elevation 952.0) is at least 2.08 acres. <br />Approval for a direct crossing of the wetland was initially granted via Resolution <br />No. 2305 on November 23, 1987. The property owners at that time attempted <br />Page 1 of 5