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, r <br /> . <br /> � O� <br /> �,, <br /> �z _ <br /> O CITY of ORONO <br /> � • � RESOLUTION OF THE CITY COUNCIL <br /> �� � G'�' NO. fi 3 � 6 <br /> t�kESH�g'� <br /> A RESOLUTION <br /> GRANTING VARIANCES FROM <br /> MUNICIPAL ZONING CODE <br /> SECTIONS 78-1279, 78-1282 & 78-1680 <br /> AND A CONDITIONAL USE PERMIT <br /> PURSUANT TO MUNICIPAL ZONING CODE <br /> SECTION 78-966 <br /> FILE NO. 13-3634 <br /> WHEREAS, James Calvin O'Rourke Revocable Trust (hereinafter the <br /> "Owner") is the owner of the property located at 3227 Casco Circle within the City of Orono <br /> (hereinafter the "City") and legally described as: <br /> Attached as Exhibit A (hereinafter the "Property"); and <br /> WHEREAS, James Calvin O'Rourke, the trustee of the James Calvin O'Rourke <br /> Revocable Trust (hereinafter the "Applicant") on behalf of the Owner has made application to <br /> the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 703 <br /> square feet hardcover where no hardcover is permitted in conjunction with construction of a <br /> new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake <br /> Minnetonka; and <br /> WHEREAS, the Applicant has made application to the City of Orono for <br /> variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to alfow <br /> construction of a new, meandering lake access stair with retaining walls within 75 feet of the <br /> OWHL of Lake Minnetonka to replace an existing above grade minimal stair; and <br /> WHEREAS, there is an existing legal non-conforming boat house within the 75- <br /> foot setback on the Property and in accordance with Orono Municipal Code Section 78-71 the <br /> Applicant intends to reconstruct the boat house in-kind; and <br /> WHEREAS, in conjunction with the in-kind replacement the Applicant has made <br /> application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to <br /> Orono Municipal Zoning Code Section 78-966 to allow grading to fill the void behind the boat <br /> house, for construction of new retaining walls and stair system and landscape plantings within <br /> the 75-foot setback on the Property; and <br /> WHEREAS, after due published notice and mailed notice in accordance with <br /> Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the <br /> Page 1 of 5 <br />