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A RBSOLUnON GRANTING <br />A CONDITIONAL USB PERMIT <br />PER MUNICIPAL ZONING CODE <br />SECTION 10.03r SUBDIVISION 19 AND <br />A VARIANCE PER <br />SECTION 10.22, SUBDIVISION 2 <br />FILE #1302 <br />WHEREAS, the City of Orono (hereinafter "the applicant") has an <br />interest in the public road referred to as Crystal Bay Road located within <br />the City of Orono (hereinafter "City"); and <br />WHEREAS, the City of Orono has applied for a conditional use <br />permit per Section 10.03, Subdivision 19 to permit the installation of a <br />retaining wall and certain land alterations in excess of 100 cubic yards <br />and per Section 10.22, Subdivision 2 has also applied for a lakeshore <br />setback and hardcover variance for the above referenced work performed <br />within 75* of the lake where no structure or land alterations are allowed. <br />Minnesota: <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />FINDINGS <br />1. This application was reviewed as Zoning File #1302 <br />2. The property is located in the LR-IC Lakeshore Residential Zoning <br />District. <br />3. On April 17, 1989, the Orono Planning Commission reviewed the <br />application as proposed and recommended approval of the conditional <br />use permit and variance application based on the following findings: <br />A) The responsibility of the City of Orono to maintain the <br />public health, safety and welfare will require that the roadbed <br />be restored to safe public use level. <br />B) The restoration of the roadbed will provide the necessary <br />protection and stability of the public utilities located within <br />the roadway. <br />C) The restoration of the roadbed as proposed will prevent the <br />further erosion of the public road and the lakeshore banks within <br />the adjacent private properties. <br />Page 1 of 3