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WHEREAS, the City Council has reviewed the application; the recommendations <br />of the City staff and the Planning Commission; and the comments, written statements, and <br />restoration plans submitted by the applicant and his landscaping consultant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono. <br />Minnesota hereby denies the after-the-fact application as described above based on one or more <br />of the following findings of fact concerning this property: <br />FINDINGS <br />1. This property is located in the LR-IA Single Family Lakeshore Residential <br />Zoning District. <br />2. The property is located within the Shoreland Overlay District as defined in <br />Municipal Zoning Code Section 10.56, and therefore is subiect to the standards <br />applicable to tliat district. <br />3. Municipal Code Section 10.56. Subdivision 16 (1.1) prohibits the removal of live <br />trees with a diameter of 6" or more and located within 75 ’ of the shoreline <br />without first obtaining a permit from the City staff provided at least equivalent <br />number of replacement trees of a size and nature found acceptable to the staff are <br />planted at the same setback from the shoreline as those removed. <br />4. <br />5. <br />Municipal Zoning Code Section 10.56. Subdivision 16 (1.2) prohibits intensive <br />vegetation clearing within 15' of the shoreline, but allows limited clearing of <br />shrubs and trees less than 6 ” in diameter and cutting, pruning and trimming of <br />trees of any size, to provide a view to the water from the principal dwelling site <br />and to accommodate the placement of permitted stairways and landings, picnic <br />areas, access paths, beach and water craft access areas, and permitted lock boxes, <br />provided that screening of structures, vehicles or other facilities as viewed from <br />the water, assuming summer, leaf-on conditions, is not substantially reduced. <br />Municipal Code Section 10.56, Subdivision 3.13 defines "intensive vegetation <br />clearing" as the ct^mplete rerntwal of trees or shrubs in a contiguous patch, strip, <br />row, or block. <br />Paee 2 of 5