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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7605 <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br />hereby approves the application for a conditional use permit to construct replacement retaining <br />walls within the lakeshore setback described above based on one or more of the following <br />findings of fact concerning the Property: <br />FINDINGS OF FACT: <br />Al. The analysis contained within staff memos and the exhibits attached to the aforesaid <br />memos, all minutes from the above -mentioned meetings, and all other materials <br />distributed at these meetings are hereby incorporated by reference. <br />A2. The Property is located in the LR-1 C (One -Family Lakeshore Residential) Zoning <br />District. <br />A3. The lakeside slope on the Property is not defined as a Bluff. <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. The Applicant proposes 24.93% total site <br />hardcover. <br />A5. The Applicant requests a conditional use permit to construct replacement retaining walls <br />within the lakeshore setback. <br />A6. In considering this application for a conditional use permit, the Council has considered <br />the advice and recommendation of the Planning Commission and the effect of the <br />proposed conditional use permit upon the health, safety and welfare of the community, <br />existing and anticipated traffic conditions, light and air, danger of fire, risk to the public <br />safety, and the effect on values of property in the surrounding area. <br />CONDITIONAL USE PERMIT ANALYSIS: <br />The City Council may approve a conditional use permit for the construction of retaining walls <br />as long as the walls are: <br />B1. Designed to correct an established erosion problem; the applicant submitted an <br />engineer's letter indicating the walls provide erosion control to the slope and are in a <br />state of disrepair. This criterion is met, and <br />B2. Suitable given the demonstrated need; the proposed retaining walls around the lake <br />stairs are suitable, as they have been redesigned in the location of the existing walls. <br />This criterion is met, and <br />61 <br />