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A RESOLDTION GRANTING VARIANCES <br />TO MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISIONS 142, <br />SECTION 10.55, SUBDIVISION 8, AND <br />GRANTING A CONDITIONAL USE PERMIT PT^^. <br />SECTION 10.03, SUBDIVISION 19 <br />FILE #1468 <br />BACKGROUND <br />1. George and Sally Pillsbury (hereinafter *the <br />applicants'') are the owners of the property located at 1300 <br />Bracketts Point Road within the City of Tono (hereinafter <br />•City*) and legally described on Exhibit A attached (hereinafter <br />the ''property*'). <br />2. The applicants have made application to the City of <br />Orono for variances to (a) Municipal Zoning Code Section 10.22, <br />Subdivisions 1 and 2, (b) Secti(»r 10.55, Subdivision 8 to <br />construct a greenhouse addition and a retaining wall within the <br />0-75' lakeshore setback zone, resulting in structure and <br />hardcover in the 0-75' zone where no structure or hardcover is <br />normally allowed, and which greenhouse addition encroaches past <br />the defined average lakeshore setback line where no encroachment <br />is normally allowed, and further (c) reguesting a conditional use <br />permit for grading work within the 0-75' lakeshore setback zone <br />per Section 10.03, Subdivision 19. <br />3. The Orono Planning Commission reviewed the <br />application October 16, 1989 and recommended approval of the <br />proposed variances and conditional use permit on a vote of 5-2, <br />based on the following findings: <br />A) The average lakeshore setback encroachment will <br />not impair any existing lake views enjoyed by neighboring <br />property owners. <br />B) The retaining wall and associated grading <br />proposed at the top of the lakeshore bank is necessary for <br />preservation of the lakeshore bank, which is currently <br />exhibiting some slumping effect. The 24''-30" proposed <br />height of the single proposed retaining wall is low enough <br />that the wall can be easily screened using existing and <br />additional vegetation coupled with the stone construction <br />materials proposed. <br />C) The proposed hardcover increase from 5.7% up to <br />7.6% (based on the extent and size of the improvements at <br />that date) in the 0-75' setback zone is relatively minor <br />in its impact on the lake given the relatively large 0-75' <br />zone. Further, the effect of the additional hardcover in <br />Page 1 of 5