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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7670 <br /> <br /> <br />7 <br /> <br /> <br />CONCLUSIONS, ORDER, AND CONDITIONS: <br /> <br />Conditional uses may be approved only upon demonstrating that the proposed use meets the <br />standards and criteria outlined in the Orono Municipal Zoning Code, including compatibility with the <br />surrounding area, protection of natural resources, and consistency with the City’s Comprehensive <br />Plan and shoreland management objectives. Shore setback requirements are intended to protect <br />water quality, prevent erosion, preserve natural topography and vegetation, and minimize adverse <br />impacts to lakes and adjacent properties. The Applicant has not provided sufficient engineering, <br />grading, drainage, or erosion control information to demonstrate that the retaining walls within the <br />shore setback area meet applicable performance standards. <br /> <br />Because the improvements were installed without prior review, the City lacks adequate <br />documentation to determine whether the structures adversely impact drainage patterns, slope <br />stability, or shoreline protection. The Applicant has failed to provide the information necessary to <br />demonstrate that the requested CUP satisfies all applicable standards and conditions required for <br />approval. Accordingly, the City Council finds that the Applicant has not met the burden of proof <br />required to justify approval of a Conditional Use Permit. <br /> <br />Based on the foregoing, the City Council finds that the Applicant has failed to demonstrate <br />practical difficulties as required by Minnesota law and the Orono Municipal Zoning Code. <br /> <br />Therefore, the Orono City Council hereby denies the Applicant’s request for after-the-fact <br />variance approvals, which include a patio, landing, and associated improvements constructed <br />within the required side yard setback; retaining walls constructed to the side property line, where <br />a minimum five (5) foot setback is required. Further, the City Council hereby denies the <br />Applicant’s request for an after-the-fact conditional use permit for retaining walls to remain, as <br />constructed within the shore setback zone, less than 75 feet from the ordinary high-water level. <br /> <br /> ADOPTED by the Orono City Council on this 9th day of March 2026. <br /> <br /> <br />ATTEST: CITY OF ORONO: <br /> <br /> <br /> <br />_______________________________ _______________________________ <br />Christine Lusian, City Clerk Bob Tunheim, Mayor <br />68