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:. .. • <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. __ 1_3_9_2 ___ _ <br />A RESOLUTION APPROVING AN AFTER-THE-FACT <br />APPLICATION OF CORTLEN CLOUTIER FOR VARIANCES <br />AND A CONDITIONAL USE PERMIT TO PERMIT <br />LAKESHORE IMPROVEMENTS OF A PROPERTY LOCATED <br />AT 2480 CASCO POINT ROAD <br />WHEREAS, the City of Orono is a municipal corporation organized <br />and existing under the laws of the State of Minnesota; and <br />WHEREAS, pursuant to State Statute 412 et. seq., the City Council <br />of the City of Orono has adopted zoning regulations for the protection <br />of the public health, safety and welfare; and <br />WHEREAS, pursuant to Section 31.700 of th e Orono Zoning Code, <br />Cortlen Cloutier, hereinafter referred to as the applicant, has been <br />required to file an application for a conditional use permit for constructing <br />a retaining wall along the lakeshore of his property legally described <br />as Lots 1, 3 and 4, Block 1 and Outlot 1, Tillson's Villa Carman, hereinafter <br />referred to as the property; and <br />WHEREAS, pursuant to Section 31.831 of the Orono Zoning Code <br />the applicant has been required to file a variance application for <br />excavating, filling, construction of a retaining wall and for the proposed <br />construction of an access stairs, all of the aforesaid improvements are <br />located within 75 feet of the lakeshore; and <br />WHEREAS, the City Council has reviewed the application, the <br />recommendations of the Planning Commission and the Orono Staff and the <br />comments of the applicant. <br />NOW, THEREFORE BE IT RESOLVED that the City Council of the City <br />of Orono hereby approves a conditional use perrni t and variances for the <br />construction of a retaining wall, excavation, filling and for the proposed <br />construction of an access stairs for Cortlen Cloutier based on one or <br />more of the following findings of fact: <br />1) The applicant erected a retaining wall without the necessary <br />permits along the outer edges of a sand beach to prevent <br />erosion of the steep banks into the defined beach area. <br />2) The construction of said retaining wall required the <br />excavation or cutting into of the bank and t he placing <br />of excess fill within 0-75' of the lakesho re . <br />3) The erection of the 30'' high retaining wall will permit <br />permanent plantings and seeding of the steep b anks. <br />1 of 5