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iiL©AT <br /> CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti��q �G` No. 6407 <br /> KEsHo� <br /> WHEREAS, the Applicants have applied for a variance and conditional use <br /> permit pursuant to Municipal Zoning Code Sections 78-966 and 78-1286 to allow grading and <br /> the construction of retaining walls as well as excavation and grading to accommodate <br /> construction of a new home, all within the 0-75' lakeshore setback zone; and <br /> WHEREAS, after due published notice and mailed notice in accordance with <br /> Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held <br /> a public hearing on May 19, 2014 at which times all persons desiring to be heard concerning this <br /> application were given the opportunity to speak thereon. <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 number 14-3664. <br /> 2. The Property is located in the LR-1 C One Family Lakeshore Residential Zoning <br /> District which requires a minimum lot area of 0.5 acre and a minimum lot width <br /> of 100'. <br /> 3. The Planning Commission reviewed this application at a public hearing held on <br /> May 19, 2014 and voted 7 for and 0 against on a motion to approve the requested <br /> variances and conditional use permit subject to certain conditions and based on <br /> the following findings: <br /> a. The Property contains 5,237 square feet in area outside of the traveled right- <br /> of-way of Crystal Bay Road and has a defined width of 52 feet at the lake and <br /> 59 feet at the 75-foot setback. <br /> b. The existing residence and attached garage exhibit a number of <br /> nonconformities including excess hardcover, substandard side and lake <br /> setbacks and attached garage encroachment of nearly 8 feet into the Hennepin <br /> County Regional Rail Authority (HCRRA) right-of-way. The proposed <br /> residence will be similar in footprint and shape to the existing but is being <br /> reoriented to meet the required 10' side setbacks and to be located entirely <br /> within the property boundaries. <br /> c. In order to accomplish eliminate the HCRRA encroachment while retaining a <br /> viable footprint, the house is proposed be placed 57' from the OHWL, <br /> resulting in a rear lot line setback of 1.7 feet. The HCRRA has indicated in an <br /> Page 2 of 8 <br />