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CITY of ORONO <br />RESOLUTION OF THtCjbb <br />TUNCIL <br />NO. OO <br />A RESOLUTION GRANTING <br />A CONDITIONAL USE PERMIT FOR GRADING WITHIN THE 0' TO 75' ZONE <br />AND VARIANCES TO MUNICIPAL ZONING CODE <br />SECTION 78-1288 <br />FILE NO. 06-3243 <br />WHEREAS, Richard Marzan, a single person, (hereinafter "Owner") is the <br />owner of the property located at 2795 Pheasant Road within the City of Orono (hereinafter <br />"City") and legally described as: Lot 11, Pheasant Lawn Hennepin County, Minnesota <br />(hereinafter "the Property"); and <br />WHEREAS, Owner has made application to the City for a conditional use <br />permit for grading for retaining walls and steps within the 0 to 75 foot zone; and <br />WHEREAS, Owner has made application to the City for a variance from City <br />Code Section 78-1288 to allow hardcover in the form of a retaining wall within the 0 to 75 <br />foot zone; and <br />WHEREAS, Owner has made application to the City for a variance from City <br />Code Section 78-71(b)(3) to allow replacment of a non -conforming deck within the 0 to 75 <br />foot zone with a patio at a slightly different location; 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 a public hearing on August 20, 2007, at which times all persons desiring to <br />be heard concerning this application were given the opportunity to speak thereon. <br />Minnesota:NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, <br />FINDINGS <br />This application was reviewed as Zoning File #06-3243. <br />2. The Planning Commission reviewed this application on August 20, 2007 and on <br />a vote of 3 - 1 recommended: <br />Page 1 of 4 <br />