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1.The drainage can be contained on the western boundary of the property <br />with the retaining walls being constructed at S foot setback. <br />2.The side entrance can be constructed safely, and within the Universal <br />Building Code standards, with the retaining wall being constructed at S <br />foot setback from the western property boundary. <br />3.The City Council has considered this application including the findings <br />and recommendations of the Planning Conunission, reports by City staff, <br />comments by the applicant and the effect of the proposed conditional use <br />permit on the health, safety and welfare of the community. <br />4.As a result of the denial of the conditional use permit, the retaining wails <br />shall be constructed in accordance with the plan attached as Exhibit B to <br />the Council Memo dated March 5,2004. <br />Adopted by the City Council of the City of Orono on this 22"^ day of March, <br />2004. <br />ATTEST: <br />Linda S. Vee, City Clerk Barbara Peterson, Mayor <br />STATE OF MINNESOTA ) <br />(ss. <br />COUNTY OF HENNEPIN ) <br />The foregoing instrument was acknowledged before me on this 22"*^ day of <br />March, 2004, by Barbara Peterson & Linda S. Vee, Mayor & City Clerk of the City of <br />Orono, a Minnesota municipal corporation and said instrument was executed on behalf of <br />the City. <br />Notary Public <br />Page 2 of 2 <br />IL