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A RESOLUTION GRANTING <br />AN AFTER-THE-FACT CONDITIONAL USE PERMIT <br />PER MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 19 AND <br />SECTION 10.55, SUBDIVISION 9 (B) <br />FILE #1585 <br />WHEREAS, C. Arnold Carlson (hereinafter "the <br />applicant") is the owner of the property located at 855 Forest <br />Arms Lane within the City of Orono (hereinafter "City") and <br />legally described as Lot 5, Block 2, Forest Arms, Hennepin <br />County, Minnesota (hereinafter "property"); and <br />WHEREAS, the applicant has applied to the City of Orono <br />for an after-the-fact conditional use permit to permit a seawall <br />installed along a channel that abuts the property along the west <br />side, per rlunicipal Zoning Code Sections 10.03, Subdivision 19 <br />and 10.55, Subdivision 9 (B). <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of <br />Orono, Minnesota; <br />FINDINGS <br />1. This application was reviewed as Zoning File #1585. <br />2. The property is located in the LR-IB Lakeshore <br />Residential Zoning District. <br />3. On September 17, 1990, the Orono Planning Commission <br />reviewed the application as proposed and recommended <br />approval based on the following findings: <br />A) The seawall extends 52' along the bank of the <br />channel. The wall is approximately 4', 2' remains <br />below the lakebed and 2' extends above the lakebed. <br />B) Severe erosion of the channel bank required some <br />form of physical support to sustain the bank. <br />C) The 2' high wall that extends above the lake bed <br />provides no visual or negative aesthetic impact upon <br />viewing the property from the lakeside. <br />D) In a letter from Lloyd E. Weisert, a licensed <br />engineer, dated January 31, 1990, he notes the <br />following: "it is my opinion that the seawall will <br />structurally withstand the earth pressures and <br />environmental elements for the expected life of the <br />wall materials themselves". <br />Page 1 of 4