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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL k o4 G No. 7387 sH NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested after-the-fact variances to permit construction of the new engineered retaining walls as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: Al.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. A2.The Property is located in the LR-1C One Family Lakeshore Zoning District. A3.The Property contains 0.34 acres in area and has a defined lot width of 56 feet. A4.The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. A5.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. A6.The Applicants applied for an administrative building permit to rebuild the existing walls in-kind. The construction of the replacement walls expanded beyond the in-kind reconstruction and the project was stopped and stabilized. The Applicants received City Council approval of an emergency slope repair in November 2022. A7. Applicants have applied for the following after-the-fact variances: a. 75-foot Setback for Structures and Hardcover b. Bluff Setback Variance c. Average Lakeshore Setback Variance A8.Retaining walls, decks, sheds and other building improvements are not permitted within 75-feet of the OHWL. Installation of the new walls require City Council approval of after- the-fact 75-foot hardcover, bluff setback, and lake setback variances. A9.The deck, shed, and lake access stair will be an in-kind reconstruction under an administrative building permit. 2