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