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. L_� <br /> - RESOLUTION NO. 1079 <br /> • A RESOLUTION APPROVING A CONDITIONAL USE PERMIT <br /> AND VARIANCE FOR ALEXANDER HOLZER <br /> WHEREAS, the Planning Commission and Council have reviewed <br /> at length an application by Alexander Holzer to install certain <br /> retaining walls and accomplish certain grading on his property located <br /> at 2677 Casco Point Road; and <br /> . WHEREAS, said proposal entails grade changes and site � <br /> alteration on an embankment within 75 ft. of Lake Minnetonka, which <br /> work requires a variance to Section 31. 830 et. seq. of the Flood " <br /> Plain Management Section of the Orono Municipal• Code; and <br /> WHEREAS, said proposal entails general site grading and <br /> retaining wall construction not a part of a normal building permit, <br /> which work requires a conditional use permit pursuant to Section <br /> � 31. 700 of the Orono Municipal Code; and ' <br /> WHEREAS, some of the above work was undertaken prior to <br /> application for the required permit and/or variance and has been <br /> suspended pending the outcome of this application, <br /> NOW, THEREFORE, BE IT RESOLVED, that based upon Planning <br /> • Commission and City Staff research and the information supplied by <br /> the applicant, the City Council hereby makes the following findings <br /> of fact: <br /> 1. Certain portions of the work -are necessary to prevent <br /> undue erosion and/or water drainage to the neighboring . <br /> properties, specifically damage to the boathouse on the <br /> property to the north and possible erosion damage to the <br /> embankment on the property to the south. <br /> 2. Certain amounts of the existing retaining walls located <br /> underground are beneficial in preventing possible erosion <br />• or slippage of the applicant' s embankment. ' <br /> 3. Certain amounts of site grading are desirable to slow <br /> and/or direct the flow of surface waters for erosion control. <br /> 4. Certain other amounts of site grading and especially <br /> wall construction above the ground are not required for <br /> drainage or erosion control purposes and may affect the <br /> • lakeshore visibility from adjoining properties. <br /> 5. Certain amounts of the wall construction are contrary to <br /> Sections 34. 201 and 34. 202 of the municipal code which <br /> prohibit the construction of buildings or hardcover within <br /> � 75 ft. of the lakeshore or ahead of the average setback of <br /> . � lakeshore residences. <br />