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A RESOLUTION DENYING A <br />CONDITIONAL USE PERMIT PER MUNICIPAL <br />ZONING CODE SECTION 78-967 (B) (3) <br />FILE #04-2973 <br />WHEREAS, the City of Orono is a municipal corporation organized and existing <br />under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City <br />Council of the City of Orono has adopted zoning regulation for the protection of the <br />public health, safety and general welfare; and <br />WHEREAS, Minnetonka Custom Homes (hereinafter “the applicant”) is the <br />owner of the property located at 4753 North Shore Drive within the City of Orono <br />(hereinafter “the City”) and legally described as follows: <br />Lot 4, Block 6, BERQUIST & WICKLUNDS PARK, Hennepin county, <br />Minnesota and that part of Lake Street as dedicated in BERGQUIST & <br />WICKLUNDS PARK, Hennepin County, which lies between the southerly <br />extension of the east and west lines of Lot 4, Block 6, said BERQUIST & <br />WICKLUNDS PARK <br />(hereinafter “the property”); and <br />WHEREAS, the applicant has applied to the City of Orono for a conditional use <br />permit to permit a retaining wall and grading within 5 feet of a property boundary, <br />requesting the following approvals: <br />1.Section 78-96*’ (B) (3): To allow a retaining wall and grading within 5 <br />feet of the western property boundary. <br />WHEREAS, the City Council has reviewed the application; the recommendation <br />of the City staff and Planning Commission; and the comments and written statements <br />submitted by the applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br />Minnesota hereby denies the requested conditional use permit as described above based <br />on one or more of the following findings of fact concerning this property: <br />Page 1 of 2