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A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE SECTION 78-1112, AND A CONDITIONAL USE PERMIT PER SECTIONS 78-1113/14(2b) FILE NO. 04-2997 WHEREAS, the City of Orono Public Works Department (hereinafter "the applicant") has made application to the City of Orono (hereinafter "the City") for variances to Municipal Zoning Code Section 78-1112 and a Conditional Use Permit per Section 78-1113/14(2b) to allow filling and grading within 7 5' of the shoreline of Lake Minnetonka, within and within 26' of a wetland, and within the flood plain adjacent to Lake Minnetonka, to allow for the improvement of a pedestrian and limited vehicular access driveway within the public dedicated right-of-way located between Lots 38 and 39, Morse Island Park, Hennepin County, Minnesota (hereinafter "the right-of-way"); and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held a public hearing on March 15, 2004, and again on April 19, 2004 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #04-2997. 2. The right-of-way is located in the RS Seasonal Recreation Zoning District. 3. The Planning Commission reviewed the application for variances and a conditional use permit at public hearings held on March 15 and April 19, 2004 and recommended approval by a vote of7-0 based on the following findings and hardships: A) The proposed access driveway will be 1 O' in width and 180' in length, and will provide a walkable access point, with limited vehicular accessability, for the north half of the island. This access will replace the access drive that was formerly used on the north side of the Page I of6