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Council ` <br /> Exhibit A <br /> sOiv- CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> e c, NO. 7670 <br /> tikES H O'2:" <br /> A RESOLUTION <br /> DENYING VARIANCES AND A CONDITIONAL USE PERMIT <br /> PURSUANT TO MUNICIPAL ZONING CODE <br /> CHAPTER 6.12 <br /> SECTIONS 1450, 6240 & 6940 <br /> FILE NO. LA25-000036 <br /> WHEREAS, Brian Roath (hereinafter the"Applicant"), applied for after-the-fact approval of <br /> variances and a conditional use permit("CUP") pursuant to the City Code for the property <br /> addressed 1200 Wildhurst Trail and legally described as: <br /> Tract B, Registered Land Survey No. 1450, Hennepin County, Minnesota; Torrens- <br /> Certificate of Title No. 1585718 (hereinafter the"Property"); <br /> WHEREAS, in July of 2024, the City received a complaint regarding retaining walls and <br /> patio improvements constructed without permits and located within required setback areas on <br /> the Property; and <br /> WHEREAS, on July 23, 2025, the Applicant submitted an application to the City of Orono <br /> for an after-the-fact variance from Orono Municipal Zoning Code Section 6.12.1450 to allow a <br /> patio, landing, and associated improvements constructed within the required side yard setback; <br /> and <br /> WHEREAS, the Applicant also applied for an after-the-fact variance from Section <br /> 6.12.6940 to permit new and replacement retaining walls exceeding two (2)feet in height to be <br /> located up to the side property line, where a minimum five (5)foot setback is required; and <br /> WHEREAS, the Applicant further applied for after-the-fact consideration of a CUP <br /> pursuant to Zoning Code Section 6.12.6240 to allow new and replacement retaining walls within <br /> the shore setback zone, located less than 75-feet from the ordinary high-water level ("OHWL"); <br /> and <br /> WHEREAS, on August 18, 2025, after published and mailed notice in accordance with <br /> Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br /> time all persons desiring to be heard concerning this application were allowed to speak thereon; <br /> and <br /> WHEREAS, during the public hearing, a member of the public identified the presence of a <br /> lake yard shed constructed on the Property within required setback areas without prior City <br /> approvals; and <br />