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►J <br />A RESOLUTION GRANTING <br />AFTER -THE -PACT <br />VARIANCES TO <br />!MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISION 1 (B) <br />AND SECTION 10.22, SUBDIVISION 2 <br />FILE #1284 <br />WHEREAS, Douglas Kirchner (hereinafter "the applicant") is the <br />owner of the property located at 1520 Bohns Point Road within the City of <br />Orono (hereinafter "City") and legally described as follows: <br />That part of government Lot 1, section 9-117-23 described as follows: <br />commencing at a point on the west line of said section 9 400 feet <br />north from the southwest corner of said section; thence north along <br />said west line of said section 100 feet; thence east parallel to the <br />south line of said section to the shore of Lake Minnetonka; thence <br />southerly along said shoreline 105.62 feet; thence west on a line <br />parallel with the south line of s -id section 9 to the point of <br />beginning. (Hereinafter "the property"); and <br />WHEREAS, the applicant has applied to the City for After -the -Fact <br />variances to Municipal Zoning Code Section 10.22, Subdivision 1 (B) and <br />Section 10.22, Subdivision 2 that would allow a lakeside deck constructed <br />without the required building permit to remain that would extend 26, in <br />front of an average lakeshore setback line and would require approval of a <br />hardcover variance within the 75-250' setback area of 597 s.f. or 3.4%. <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 01284. <br />2. The property is located in the LR-lB, Lakeshore Residential Zoning <br />District requiring a minimum of 1 acre in area. The property consists <br />of 35,900 s.f. or .82 acres in area. <br />3. The Orono Planning Commission reviewed this application on June 6, <br />1988 and recommended afproval of the After -the -Fact variances as <br />amended based upon the following findings: <br />A) The higher elevations of the property on the north side tend <br />to lessen the impact of the grade level deck on the property to <br />the north. <br />Page 1 of 4 <br />