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CITY <br />OF <br />aRQNa <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2183__________ <br />A RESOLUTION GRANTING <br />A CONDITIONAL USE PERMIT <br />PER MUNICIPAL ZONING CODE <br />SECTION 10.03, SUBDIVISION 19 <br />PILE #1135 <br />WHEREAS, Robert Hanning, Jr. (hereinafter "the applicant") is the <br />owner of the property located at 4220 Sixth Avenue North within the City of <br />Orono (hereinafter "City") and legally described as follows: <br />Lot 1, Winters Plentywood, Hennepin County, Minnesota <br />"property"); and <br />(hereinafter <br />WHEREAS, the applicant has applied to the City of Orono for a <br />Conditional Use Permit to permit placement of fill to create a berm for <br />noise-barrier purposes to reduce the traffic noise to his residence from <br />County Road 6 per Municipal Zoning Code Section 10.03, Subdivision 19. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #1135. <br />2. The property is located in the RR-IA Single Family Rural <br />Residential Zoning Districts <br />3. On April 20, 1987, the Orono Planning Commission reviewed the <br />application and voted 3-3 to recommend approval of the proposed berm <br />subject to no fill within 26* of the wetland, a maximum berm height of <br />6* above the crown of County Road 6, and slopes no steeper than 2:1. <br />4. The City Council reviewed this application on May 11, 1987 and <br />voted 3-2 to approve the proposed berm with a height averaging 11* <br />above the crown of County Road 6 and side slopes no steeper than 2:1, <br />finding that the Municipal Code gives the Council authority to <br />regulate the placement of fill via the conditional use permit <br />re^ 'irement, and finding that the 11* height of fill is necessary to <br />preserve the applicant*s enjoyment of his property. <br />5. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />staff and comments of the applicant and the effect of the proposed use <br />on the health, safety and welfare of the community. <br />Page 1 of 4