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F <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />A RESOLUTION <br />APPROVING A VARIANCE FROM <br />MUNICIPAL ZONING CODE <br />SECTION 78-1279 <br />FILE NO. LA19-000051 <br />WHEREAS, on June 19, 2019, Dale Gustafson (hereinafter the "Applicant"), applied <br />for a variance from the City Code for the property addressed 1905 Concordia Street, and legally <br />described as: <br />Lot 14, Fagerness, and adjacent vacated Webb Street, Hennepin County, Minnesota, <br />(hereinafter the "Property"); <br />WHEREAS, in approximately June 2019, following several consecutive rain events <br />the lakeshore slope on the Property suffered a landslide on the lower slope; and <br />WHEREAS, in order to repair and stabilize the slope, the Applicant has made <br />application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 <br />to allow construction of a subterranean retaining wall grid system in the 75 -foot setback where <br />retaining walls are not permitted; and <br />WHEREAS, on July 15, 2019, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br />time all persons desiring to be heard concerning this application were given the opportunity to <br />speak thereon; and <br />WHEREAS, on July 15, 2019, the Planning Commission recommended approval <br />of the setback variance for the proposed retaining walls conditioned upon compliance with the <br />City engineer's recommendations at the time of the building permit; and <br />WHEREAS, on August 12, 2019, the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; and <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br />hereby approves the requested variance as described above based on one or more of the <br />following findings of fact concerning the Property: <br />FINDINGS OF FACT: <br />1. This application was reviewed as Zoning File #LA19-000051. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br />