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�,��y � ' • P . ,F . d C�t� o� ORONO '� RESOLUTION OF THE CITY COUNCIL Q��j 1411 . � NO. • � - � � � A RESOLUTION TO DENY A VARIANCE AND CONDITIONAL USE PERMIT FOR DREDGING BY C. REX WELSH , GVHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, the City Council of the City' of Orono, (hereinafter "City" or "City Council") has � adopted Ordinance 125, Ordinance 167 , Ordinance 179, and Ordinance 213 all for purposes of regulating filling, grading, dredging, excavation and construction within the F1ood Plain and Wetlands Conservation Area, which area is defined as including all areas within Orono below the ordina.r�� highwater elevation of Lake Minnetonka; and WHEREAS, C. Rex Welsh (hereinafter ."We1sh") has applied for a permit to dredge approximately 510 cubic yards of material from the bed of Lake Minnetonka in front of his property .within the City of Orono • and within the harbor limits of Orono; located at 650 North Arm Drive, . legally described as: ' .. _� That part of Lot 1 , Auditor' s Subdivision No. 362 , � lying northwesterly of 'a line bearing N 31 degrees 23 minutes 52 seconds E from a point in southwesterly line of said lot distance 202 61/100 ft northerly measured along said southwesterly line from most southerly corner thereof; and � WHEREAS, said• application has been reviewed by the Planning � Commission and �he City Council; and V7HFREAS, Section 31. 830 of the Orono Municipal Code requires a determination that the application is in the public interest prior . to issuance of any permit. NOW, THEREFORE BE IT RESOLVED that based upon the information submitted by Mr. Welsh and based upon the reviews by the Planning Commission and Council, the City Council hereby makes the following findings of fact: . 1) Welsh' s residence on this property was constructed in 1979 pursuant to .issuance of a front yard street setback variance (file #�23 approved October 28, 1978) . Council ' minutes of that approval'. include the following: , "In Mr. Welsh' s letter, he makes mention of a proposed dock to be located 25 ' from the neighbor' s property line at the southeast corner of his lot. The dock , . � appears to meet all requirements as long as it does not invol've any dredging, shoreline alteration, decks or retaining walls on steep bank. " . I 1 o f �1�,5� • � � \.