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� Y OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 654? A RESOLUTION GRANTING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279, 78-1288, 78-1680 & 78-1700 AND A CONDITIONAL USE PERMIT PURSUANT TO MUNICIPAL ZONING CODE SECTION 78-966, 78-967 & 78-1286 FILE NO. 15-3725 WHEREAS, Douglas Smith and Roban Smith, a married couple (hereinafter "the Owners") are the owners of the properties located at 4167 Highwood Road, 4175 Highwood Road, and 4195 Highwood Road within the City of Orono (hereinafter the 'City") and legally described as: Lot 24, Highwood Lake Minnetonka (4167 Highwood Road); Lot 25, Highwood Lake Minnetonka (4175 Highwood Road); and Lots 26, 27, and 28, Highwood Lake Minnetonka and Lot 6, Orchard Beach (4195 Highwood Road) Hennepin County, Minnesota (hereinafter collectively the "Property"); and WHEREAS, the Owners have made application to the City of Orono for a conditional use permit (hereinafter the "CUP") pursuant to Orono Municipal Zoning Code Sections 78-966, 78-967 and 78-1286 to allow grading for construction of subterranean retaining walls and landscape plantings in conjunction with slope stabilization measures within 75 feet of the OHWL on the Property; and WHEREAS, the Owners have made application to the City of Orono for variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1740 to allow new hardcover in conjunction with construction of subterranean retaining walls within 75 feet of the OWHL of Tanager Lake where no hardcover is permitted; and WHEREAS, after due published mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, a public (rearing was held by the Orono Planning Commission on September 21, 2015 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: Page 1 of 7