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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 3 3 6 <br />A RESOLUTION <br />GRANTING VARIANCES FROM <br />MUNICIPAL ZONING CODE <br />SECTIONS 78-1279, 78-1282 & 78-1680 <br />AND A CONDITIONAL USE PERMIT <br />PURSUANT TO MUNICIPAL ZONING CODE <br />SECTION 78-966 <br />FILE NO. 13-3634 <br />WHEREAS, James Calvin O'Rourke Revocable Trust (hereinafter the <br />"Owner") is the owner of the property located at 3227 Casco Circle within the City of Orono <br />(hereinafter the "City") and legally described as: <br />Attached as Exhibit A (hereinafter the "Property"); and <br />WHEREAS, James Calvin O'Rourke, the trustee of the James Calvin O'Rourke <br />Revocable Trust (hereinafter the "Applicant") on behalf of the Owner has made application to <br />the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1680 to allow 703 <br />square feet hardcover where no hardcover is permitted in conjunction with construction of a <br />new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake <br />Minnetonka; and <br />WHEREAS, the Applicant has made application to the City of Orono for <br />variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow <br />construction of a new, meandering lake access stair with retaining walls within 75 feet of the <br />OWHL of Lake Minnetonka to replace an existing above grade minimal stair; and <br />WHEREAS, there is an existing legal non-conforming boat house within the 75- <br />foot setback on the Property and in accordance with Orono Municipal Code Section 78-71 the <br />Applicant intends to reconstruct the boat house in-kind; and <br />WHEREAS, in conjunction with the in-kind replacement the Applicant has made <br />application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to <br />Orono Municipal Zoning Code Section 78-966 to allow grading to fill the void behind the boat <br />house, for construction of new retaining walls and stair system and landscape plantings within <br />the 75-foot setback on the Property; and <br />WHEREAS, after due published notice and mailed notice in accordance with <br />Minnesota Statutes and the Orono, Minnesota, City Code, a public hearing was held by the <br />Page 1 of 5