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%7LO.tiO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7477 <4ICES HO A RESOLUTION APPROVING AN AFTER-THE-FACT CONDITIONAL USE PERMIT ACCORDING TO MUNICIPAL ZONING CODE SECTION 78-196 and 78-1279 FILE NO. LA23-000062 WHEREAS, Travis Wildenberg and Sara Wildenberg, husband and wife, (hereinafter the "Owners") own the property addressed 3838 Cherry Avenue and legally described as: Lots 8 and 9, Block 3, Crystal Bay View, Hennepin County, Minnesota • (hereinafter the"Property"); WHEREAS, on October 25, 2023, the City issued a stop work order in response to unpermitted activity on the lakeside slope of the Property including the removal of existing walls, landings, and vegetation and construction of a new lake access stair and retaining walls; and WHEREAS, on October 30, 2023, on behalf of the Owners, Granite Companies LLC, made an application to the City of Orono for consideration of an after-the-fact CUP under Orono Municipal Zoning Code Section 78-1279 to allow the construction of new lakeside retaining walls; and WHEREAS, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held public hearings on January 16, 2024 and April 15, 2024, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 15, 2024, the Planning Commission reviewed the updated information provided by the Owners and recommended approval of an after-the-fact CUP; and WHEREAS, on May 13, 2024, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested after-the-fact CUP as described above based on one or more of the following findings of fact concerning the Property: 1