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, / <br /> �O�l 17iZ'� <br /> � C ITY OF ORONO ��-�. <br /> RESOLUT'ION OF THE CITY COUNCIL \�2 <br /> �`�lq �,�'~� N O. b � `� � <br /> kFsxo� <br /> A RESOLUTION <br /> GRANTING VARIANCES FROM <br /> MUNICIPAL ZONING CODE <br /> SECTIONS 7&1279, 78-1288, 7&1680 $78-1700 <br /> AND <br /> A CONDITIONAL USE PERMIT <br /> PURSUANT TO MUNICIPAL ZONING CODE <br /> SECTION 78-966, 78-967 � 78-1286 <br /> FILE N0. 15-3725 <br /> WHEREAS, Douglas Smith and Roban Smith,a married couple(reinafter°the <br /> Owners°) are the owners of the properties located at 4167 Highwood Road, 4175 Highwood <br /> Road, and 4195 Highwood Road within the City of rono (hereinafter the °City°) and legally <br /> described as: Lot 24, ighwood Lake Minnetonka 4167 Highwood Road); Lot 25, Highwood <br /> Lake Minne�nka�75 Highwood Road); and Lots 26, 27, and 28, Highwood Lake <br /> Minnetonka and Lot 6, Orchard Beach (4195 Highwood Road)Hennepin County, Minnesota <br /> (hereinafter collectively the "Propertyn); and <br /> WHEREAS, the Owners have made application to the City of Orono for a <br /> conditional use permit(hereinafter the"CUP")pursuant to Orono Municipal Zoning Code Sections <br /> 78-966, 78-967 and 78-1286 to allow grading for construction of subtemanean retaining walls and <br /> landscape plantings in conjunction with slope stabilization measures within 75 feet of the OHWL <br /> on the Property; and <br /> WHEREAS, the Owners have made application to the City of Orono for variances <br /> to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 7&1700 to allow new hardcover <br /> in conjunction with construction of subterranean retaining walls within 75 feet of the OWHL of <br /> Tanager Lake where no hardcover is p�rmitted; and <br /> WHEREAS, after due published mailed notice in accordance with Minnesota <br /> Statutes and the Orono, Minnesota, City Code, a public hearing was held by the Orono Planning <br /> Commission on September 21, 2015 at which times all persons desiring to be heard conceming <br /> this application were given the opportunity to.speak thereon. <br /> NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: <br /> Page 1 of 7 <br />