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04-10-2000 Council Packet
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04-10-2000 Council Packet
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WHEREAS, after due published and mailed notice in accordance with Minnesota <br />Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held <br />public hearings on November IS, 1999 and January 19, 2000 at which times all persons desiring <br />to be heard concerning this application were given the opportunity to speak thereon; and <br />WHEREAS, an amended application was received on March 24, 2000 including <br />applicant’s hardship statement and supporting documents; and <br />WHEREAS, the City Council has reviewed the application; the recommendations <br />of the City staff and the Planning Commission; and the comments and written statements submitted <br />by the applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br />Minnesota hereby approves the requested after-the-fact conditional use permit and variances as <br />described above based on one or more of the following findings of fact concerning this property: <br />FINDINGS <br />1. <br />2. <br />3. <br />4. <br />The property is located in the LR-IB, One Family Lakeshore Residential District. <br />The property contains 21,700 s.f. of land area within 75’ of the shoreline where <br />hardcover, structures, intensive vegetation clearing, and land alteration are <br />prohibited by the Orono zoning code. <br />Without obtaining permits the applicant constructed a retaining wall within 75* of <br />the shoreline of Lake Minnetonka. After-the-fact variances and an after-the-fact <br />conditional use permit must be approved before the City can issue permits for the <br />retaining wall. <br />The boulder wall constructed on the lakeside of the property is hardcover. Section <br />10.02, Definition 29 defines Hardcover as "Any structure, blacktop or other <br />material which interferes to any degree with the direct absorption of rainfall into <br />the ground." <br />Page 2 of 7
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