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City of OR ONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />2761 <br />A RESOLUTION GRANTING <br />AN AFTER -THE -PACT VARIANCE TO <br />MUNICIPAL ZONING CODE <br />SECTION 10.22, SUBDIVISION 2 AND <br />SECTION 10.55, SUBDIVISION 8, <br />AND AN AFTER -THE -FACT <br />CONDITIONAL USE PERMIT PER <br />SECTION 10.03, SUBDIVISION 19 <br />FILE #1481 <br />WHEREAS, Gerald T. McCourtney (hereinafter "the <br />applicant") is the owner of the property located at 1055 west <br />Ferndale Road within the City of Orono (hereinafter "City") and <br />legally described as follows: <br />Tract B, Registered Land Survey *1372, Hennepin County, <br />Minnesota (hereinafter "the property"); and <br />WHEREAS, the applicant has made application to the City <br />of Orono for an after -the -fact variance and conditional use <br />permit per Municipal Zoning Code Section 10.22, Subdivision 2, <br />Section 10.55, Subdivision 8, and Section 10.03, Subdivision 19 <br />for approval of grading work in 0-75' lakeshore yard where no <br />such grading work is normally a'_lowed. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota: <br />FINDINGS <br />1. his application was reviewed as Zoning File 41481. <br />2. The property is located in the LP-lA Single Family <br />Lakeshore Residential Zoning District. <br />3. The Orono Planning Commission reviewed this application <br />on November 20, 1989, and recc -ended after -the -fact <br />approval for the proposed variance and conditional use <br />permit for excavation and grading in the 0-75' lakeshore <br />yard based upon the following findings: <br />A) As a result of rip-rappinq the shoreline of the <br />property, trucks transporting boulders to the site <br />damaged the lakeshore yard by creating ruts and <br />disturbing the existing soil and vegetation. As a <br />result of this damage, the applicant wrs required by <br />the City staff to restore and rpgrade the damaged area <br />to its original conditionM­ The applicant did this upon <br />completion of the rip -rapping work. <br />Page I of 6 <br />