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A VARIARCB TO <br />miHICIPAL ZONING CODE <br />SECTION 10.55t SUBDIVISION 8 AND <br />GRANTING A CONDITIONAL USB PERMIT PER <br />SECTION 10.03r SUBDIVISION 19 <br />PILE #1403 <br />WHEREAS, Leroy J. Erger (hereinafter "the applicant") <br />is the owner of the property located at 3265 Crystal Bay Road <br />within the City of Orono (hereinafter "City") and legally <br />described as follows: <br />Exhibit Ar attached (hereinafter "the property"); and <br />WHEREAS, the applicant has made application to the City <br />of Orono to pemit land alterations that involve filling within <br />the 0-75' lakeshore protected area, where none is allowed per <br />Municipal Code Section 10.55, Subdivision 8, and because the <br />filling involves more than 100 cubic yards, a conditional use <br />permit is required per Section 10.03, Subivislon 19. <br />MOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota; <br />FINDINGS <br />1. This application was reviewed as Zoning File #1403 <br />2. The property is located in the LR-lC Single Family <br />Lakeshore Residential Zoning District. <br />3. The Orono Planning Commission reviewed this application <br />on May 15, J989 and recommended approval of an amended <br />proposal approving the variance and conditional use permit, <br />based on the following findings; <br />A) 'ihe land alterations requiring fill within the <br />lakeshore protected area resulted from a severe storm <br />that eroded the original lake bank and access stairs to <br />the lakeshore. <br />B) The repairs are necessary to complete the <br />restoration of Jbhe road bed adjacent to the lakeshore <br />property. <br />Page 1 of 4