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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, G�� No. b 9 5 9 tqkESHOR� WHEREAS,on December 20, 2018,the applicant applied for a Conditional Use Permit to modify and combine conditions imposed by resolutions 4530,5440,6353,and 6457. WHEREAS,these modifications include combining the saloon and restaurant spaces into one entity,modifying the hours of operation for the restaurant,and recognizing a modification to the placement of the dumpster enclosure. WHEREAS, on February 19, 2019, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon;and WHEREAS,on February 19, 2019,the Planning Commission recommended approval of the Conditional Use Permit;and WHEREAS, on March 11, the City Council reviewed the application and the recommendations of the Planning Commission and City staff;and . NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby grants the requested conditional use permit as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File#LA18-000104. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the B-5 Zoning District. 3. In considering this application for conditional use permit, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfaze of the community, existing and anticipated traffic conditions, light and air,danger of fire,risk to the public safety,and the effect on values of property in the surrounding area. ANALYSIS: The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP)as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted,the city must find that the proposed use at the proposed location is or will be: 2