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.� t �. . ,T� •. . / � O� • O O ��b. - CITY of OROND � � . ti �',� G'� RESOLUTION OF THE CITY COUNCIL � ��kESH.04�' N0. � � � � WHEREAS, after due published and mailed notice in accordance with Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held public hearings on November 15, 1999 and January 19, 2000 at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WFIEREAS, an amended application was received on March 24, 2000 including applicant's hardship statement and supporting documents; and WHEREAS, the City Council has reviewed the application; the recommendations of the City staff and the Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, • Minnesota hereby approves the requested after-the-fact conditional use pernut and variances as described above based on one or more of the following findings of fact concerning this properry: FINDINGS 1. The property is located in the LR-1B, One Family Lakeshore Residential District. 2. The property contains 21,700 s.f. of land area within 75' of the shoreline where hardcover, structures, intensive vegetation clearing, and land alteration are prohibited by the Orono zoning code. 3. Without obtaining permits the applicant constructed a retaining wall within 75' of the shoreline of Lake Minnetonka. After-the-fact variances and an after-the-fact conditional use permit must be approved before the City can issue permits for the retaining wall. 4. The boulder wall constructed on the lakeside of the property is hardcover. Section 10.02, Definition 29 defines Hardcover as "Any structure, blacktop or other material which interferes to any degree with the direct absorption of rainfall into the ground.° � � Page 2 of 7 .