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r � . <br /> / <br /> 7 O� <br /> � O O <br /> ��e - CITY of ORONO <br /> � � <br /> ,� G'�F . RESOLUTION OF THE CITY COUNCIL <br /> �9kESH.�4��' , . NO. � � � � <br /> A RESOLUTION AUTHORIZL�IG THE CITY <br /> ATTORNEY TO COMI��NCE LITIGATION <br /> TO RESTORE VEGETATION AND FILE A RESTORATION <br /> AGREEMENT AGAINST PROPERTY LOCATED � <br /> AT 2490 OLD BEACFI ROAD <br /> FILE NO. 2492 <br /> WHEREAS, Rick Luzaich and Gail Luzaich (hereinafter the "applicants") are <br /> owners of a property located at 2490 Old Beach Road within the City of Orono (hereinafter <br /> "City"); and <br /> WHEREAS, after due published notice and mailed notice in accordance with <br /> Minnesota Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning <br /> Commission held public hearings on May 17, 1999 and June 21, 1999, at which times all persons <br /> desiring to be heard concerning this application were given the opportunity to speak thereon; and <br /> • WHEREAS, the applicant has applied to the City for variances to Municipal <br /> Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit a <br /> retaining wall to stabilize a stairway located on a steep slope for the purposes of lake access within <br /> the 0-75' lakeshore setback to allow 210 s.f. (1.5%) hardcover where 60 s.f. (0.5%) exists and <br /> none (0%) is allowed; and <br /> WHEREAS, the applicant has applied to the City for a conditional use permit to <br /> Municipal Zoning Code Section 10.03, Subdivision 19 to allow grading and construction of a <br /> retaining wall within 75' of the Ordinary High Water Level (OHWL) of Lake Minnetonka. <br /> NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br /> Minnesota that the City hereby initiates litigation against the property described above based the <br /> following findings: � <br /> . FINDINGS <br /> 1. This application was reviewed as Zonina File #2492. <br /> � Page 1 of 5 <br />