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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />A RESOLUTION APPROVING <br />A CONDITIONAL USE PERMIT PURSUANT WITH <br />MUNICIPAL ZONING CODE <br />SECTION 78-9116 & 78=1279 <br />FILE NO. LA24-000018 <br />WHEREAS, on March 20, 2024, the property owner, Maithew Michael Jasper (hereinafter <br />the "Applicant"), applied for a conditional use permit and variances from the City Code for the <br />property addressed 4745 North Shore Drive and legally described as: <br />Parcel @ No. 07-117-23-32-0019 <br />Lots 9, 2, and 3, Block 6, Bergquist & �cklund's Park, Hennepin County, <br />Min nesota(hereinafter the "Property"); <br />WHEREAS, the Applicant made an application to the City of Orono for variances from <br />Orono Municipal Zoning Code Sections 78-1279 and 78-1680 to allow construction of a new <br />180 square foot shed +5 feet from the ordinary high water level (" OHWL"); and <br />WHEREAS, the Applicant made an application to the City of Orono for a conditional use <br />permit (hereinafter the "CUP") pursuant to Orono Municipai Zoning Code Sections 78-916 and <br />7SA 279 to permit new retaining walls along the shoreline and supporting new lake access <br />stairs; and <br />WHEREAS, on June 17, 2024, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Cade, the Planning Cammission held a public hearing, at which <br />time all persons desiring to be heard concerning this application were given the opportunity to <br />speak thereon; and <br />WHEREAS, on June 17, 2024, the Planning Commission voted 6 — 0 —1 (abstention) in <br />favor of a motion to recommend denial of the application as applied due to the following <br />(Commissioner Kraemer abstained due to his late arrival and missed the discussion): <br />1. The lack of supporting information for the retaining walls along the shore and associated <br />with the stone stairs, <br />2. The Applicant had not demonstrated practical difficulty supporting the variances for the <br />shed; <br />3. An updated, detailed landscaping plan was required; and <br />WHEREAS, on June 17, 2024, after receiving direction from the Planning Commission, <br />the Applicant provided an updated survey and updated engineering, as requested; and <br />