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1 ' <br />A RESOLUTION GRANTING <br />A VARIANCE TO <br />MUNICIPAL ZONING CODE SECTIONS <br />10.55, SUBDIVISION 8 AND 10.22, SUBDIVISION 2 <br />AND GRANTING A CONDITIONAL USE PERMIT PER <br />SECTION 10.55, SUBDIVISIONS 9 AND 10 AND <br />SECTION 10.56 SUBDIVISION 16J <br />FILE NO. 2342 <br />WHEREAS, Mark Casey (hereinafter the "applicant") is co-owner of the property <br />located at 255 Landmark Drive within the City of Orono (hereinafter "City") and legally described <br />as follows: <br />Outlot A, Bayside Landing, Hennepin County, Minnesota (hereinafter the <br />"property"); and <br />WHEREAS, the applicant has made application for a conditional use permit per <br />Sections 10.55, Subdivisions 9 and 10 and 10.56 Subdivision 16J, and a variance to Sections <br />10.22, Subdivision 2 and 10.55, Subdivision 8 to permit the excavation of approximately 2.2 <br />cubic yards of material and placement of a sand beach within the 0-75' lakeshore setback zone <br />where no such land alterations are normally permitted. <br />Minnesota: <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />FINDINGS <br />1. This application was reviewed as Zoning File #2342. <br />2. The pioperty is located in the LR-IA Single Family Lakeshore Residential Zoning <br />District. <br />3.The Orono Planning Commission reviewed this application on February 17, 1998 <br />and recommended approval of the variance and conditional use permit as proposed <br />based on the following unique findings and hardships: <br />a.The proposed excavation of 2.2 cubic yards of material from an area 20 <br />feet long and extending 7.5 feet back from the 929.4 OHWL contour, and <br />Page 1 of 5 <br />m- M