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WHEREAS, the Applicants have made application to the City of Orono for a <br />conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966 to conduct <br />grading within 75 ' of the OHWL of Stubbs Bay Creek where grading is typically not permitted <br />in order to stabilize the creek bank. <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 09-3428 <br />2. The Property is located in the LR-IA One Family Lakeshore Residential Zoning <br />District which requires a minimum lot area of 2.0 acres and a minimum lot width <br />of200 '. <br />3. The Planning Commission reviewed this application at public hearings held on <br />October 19 and November 16 , 2009 and recommended approval of the variances <br />based on the following findings: <br />a. The Property currently consists of 4 separate tax parcels totaling 34,400 <br />square feet in area. The Applicants have proposed to combine the parcels into <br />one tax parcel prior to issuance of a building permit for the Property. <br />b . The Property is substandard in area and a residence has existed on the <br />Property for many years. <br />c. The driveway is proposed to be relocated off of Bayside Road to a safer <br />location on Crestview A venue. <br />d. The Property is served by sanitary sewer. <br />e. There is no additional land available to bring the lot area into conformity. <br />f. The Applicants are proposing to remove over 900 square feet of hardcover <br />from the 0-75 ' zone . <br />Page 2 of 7