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AW1V CITY OF ORONO 0 RESOLUTION OF THE CITY COUNCILl �. NO. 7311 A RESOLUTION APPROVING A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTIONS 78-916 AND 78-1117 FILE NO. LA22-000042 WHEREAS, on August 2, 2022, Shawn Wischmeier (hereinafter the "Applicant"), applied for a conditional use permit pursuant to the City Code for the property addressed 540 Big Island and legally described as: Lots 1 to 10 inclusive including the adjoining vacated Elm Street and Maple Place, also including the adjoining half of vacated Linden Street, all in Kate B. Plummer's Subdivision of Lot 2, Kitchel's Subdivision of Government Lots 5 & 7, Section 22, Township 117 North, Range 23 West, Hennepin County, Minnesota (hereinafter the"Property"); WHEREAS, the Applicants have made application to the City of Orono for a conditional use permit to Orono Municipal Zoning Code Section 78-1117 to allow placement of a permanent dock within the floodway; and WHEREAS, on October 17, 2022, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission 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 October 17, 2022, the Planning Commission recommended approval of the conditional use permit; and WHEREAS, on November 14, 2022, 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 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 #LA22-000042. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the 1