03-27-2000 Council Packet - Laserfiche WebLink

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WHEREAS, an application for a conditional use permit was received on October 1, 1999 for an after-the-fact conditional use permit. WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested conditional use permit as des':ribed above based on one or more of the following findings of fact concerning this property: FINDINGS 1. The property is located in the LR-IB, One Family Lakeshore Residential District. 2. The property consists of 21,700 s.f. in land area within 75' of the shoreline where hardcover, structures, intensive vegetation clearing, and land alteration are prohibited by the Orono zoning code. 3. Without obtaining permits the applicant constructed a retaining wall within IS' of the shoreline of Lake Minnetonka. 4. The boulder wall constructed on the lakeside of the property is hardcover . Section 10.02, Definition 29 defines Hankover as “Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground. 5. Section 10.02, Definition 69 defines Structure as "Anything, or part thereof, which is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires a location on, below, or above the ground, land, or water, or attached to something having a location on the ground, land, or water." 6. I he 1980 City of Orono Community Management Plan ("Comprehensive Plan") contains a number of general land use and environmental protection goals and policies with which the wall would be inconsistent, as follows; A. Surface Water runolTis alTected bv urbanization and how these factors intum Page 2 of 11