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5572529 <br /> City of ORONO <br /> CITY RESOLUTION OF THE CITY COUNCIL <br /> OF NO. 2407 <br /> ORONO <br /> A RESOLUTION GRANTING <br /> VARIANCES TO MUNICIPAL CODE <br /> SECTION 10.22, SUBDIVISION 1 AND 2, <br /> SECTION 10.55, SUBDIVISION 8 <br /> AND GRANTING A CONDITIONAL USE PERMIT, <br /> PER SECTIONS 10.03, SUBDIVISION 19 AND 20 <br /> FILE NO. 1223 <br /> WHEREAS, the City of Orono is a municipal corporation <br /> organized and existing under the laws of the State of Minnesota; and <br /> WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. <br /> seq. the City Council of the City of Orono has adopted a Community <br /> Management Plan and Zoning Regulations for the protection of the <br /> public health, safety and general welfare; and <br /> WHEREAS , John and Lynn Waldron (hereinafter "the <br /> applicants") and the owners of the property located at 1951 Concordia <br /> Street and legally described as follows: <br /> Lot 10, Fagerness, Hennepin County, Minnesota (hereinafter "the <br /> property" ) ; and <br /> WHEREAS, the applicant has made application to the City of <br /> Orono for variances to municipal Zoning Code Section 10 .22 , <br /> Subdivision 1 and 2 and Section 10.55, Subdivision 8, for construction <br /> of a deck which constitutes structure and hardcover in the 0-75' <br /> lakeshore setback zone where no such hardcover and structure is <br /> normally allowed, and which encroaches on the required average <br /> lakeshore setback; and for a further variance to Section 10.55, <br /> Subdivision 8 and a conditional use permit per Section 10.03 , <br /> Subdivision 19 and 20 for filling, grading and excavation within the <br /> 0-75' lakeshore setback zone where such work is not normally allowed; <br /> and <br /> WHEREAS, on November 16, 1987, the Orono Planning Commission <br /> held a public hearing on this matter, at which time any and all <br /> members of the public wishing to comment on the proposal were heard. <br /> The Planning Commission then voted 4 in favor, 0 against, 1 abstention <br /> to recommend denal of the applicants' original proposal to create a <br /> walkout by excavating within the 0-75' lakeshore setback zone, finding <br /> that other methods for bank stabilization exist, that the walkout <br /> excavation was not related to the bank erosion stabilization needs, <br /> that the walkout excavation would not be in character or in conformity <br /> with the majority of neighboring residences, and that allowing the <br /> walkout excavation would set a precedent in conflict with current City <br /> philosophy and past denials of similar proposals; and <br /> Page 1 of 10 <br />