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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 AND 78-967 FILE NO. LA18-000069 WHEREAS, on August 15, 2018, Gordon James Construction, on behalf of Jason Pitts, the property owner, (hereinafter the "Applicant"), applied for a conditional use permit pursuant to the City Code for the property addressed 225 Old Crystal Bay Road South and legally described as: That part of Lot 10 lying South of the North 371.35 feet of said Lot 10 and East of the West 685.18 feet of said Lot 10; That part of Lot 11 lying East of the West 685.18 feet of said Lot 11, Auditor's Subdivision No. 230, Hennepin County, Minnesota (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-967 in order to allow the import of approximately 2,200 cubic yards of fill material into the Property; and WHEREAS, on September 10, 2018, pursuant to City Code Section 78-912, the City Council unanimously voted in favor of waiving the Planning Commission's review of the application; and WHEREAS, on September 10, 2018, 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 September 10, 2018, the City Council reviewed the application and the recommendations of the City staff and recommended approval of the conditional use permit; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves 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 #LA18-000069. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the