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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7315 NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested emergency slope repair including new engineered retaining walls as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR -1C One Family Lakeshore Zoning District. 3. The Property contains 0.34 acres in area and has a defined lot width of 56 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. The Property was subject to a fire on the lake slope in July 2022 which destroyed the previously existing timber retaining walls, stairs, deck, and storage shed leaving the slope vulnerable to failure. 6. The Applicant applied for an administrative building permit to rebuild the existing walls in- kind. 7. The construction of the replacement walls expanded beyond the in-kind reconstruction and the project was stopped and stabilized. The Applicant ascertains that without the top wall the slope remains at risk for failure over the winter and spring. 8. The Applicant has submitted an opinion from a licensed professional engineer which indicates that without the construction of the upper wall the slope is under imminent threat of failure. 9. The Applicant has requested consideration for an emergency slope repair pursuant to City Code Section 78-1726. Engineered plans were provided which demonstrate the proposed corrective action. 10. Retaining walls are not permitted within 75 -feet of the OHWL; installation of new walls require City Council approval of a lake setback variance. 11. In considering this application for emergency slope repair, the Council has considered the advice and recommendation of the City Staff and the effect of the proposed emergency