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, <br /> � O <br /> �� � <br /> O O <br /> �, CITY of ORONO <br /> � � . . <br /> _�, <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ���9kESII�g'�G NO. � � � � <br /> REAS,the property has been sold into new ownership on Apri124, 2000 and <br /> the existing property owner has requested to record the approval for the property of an after the <br /> fact conditional use permit and after the fact variances; and <br /> WHEREAS, after due published and mailed notice in accordance with Minnesota <br /> . Statutes and the City of Orono Zoning and Planning Codes, the Orono Planning Commission held <br /> public hearings on November 15, 1999 and January 19, 2000 at which times all persons desiring <br /> to be heard concerning this application were given the opportunity to speak thereon; and <br /> WfIEREAS, an amended application was received on March 24, 2000 including <br /> previous properry owner's hardship statement and supporting documents; and <br /> WHEREAS, the City Council has reviewed the application; the recommendations <br /> of the City staff and the Planning Commission;and the comments and written statements submitted <br /> by the applicant. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br /> Minnesota hereby approves the requested after-the-fact conditional use pernut and variances as <br /> described above based on one or more of the following findings of fact concerning this property: <br /> FINDINGS <br /> 1. The property is located in the LR-1B, One Family Lakeshore Residential District. <br /> 2. The property contains 21,700 s.f. of land area within 75' of the shoreline where <br /> hardcover, structures, intensive vegetation clearing, and land alteration are <br /> prohibited by the Orono zoning code. <br /> 3. Without obtaining pernuts the applicant constructed a retaining wall within 75' of <br /> the shoreline of Lake Minnetonka. After-the-fact variances and an after-the-fact <br /> conditional use permit must be approved before the City can issue permits for the <br /> retaining wall. <br /> 4. The boulder wall constructed on the lakeside of the property is hardcover. Section <br /> 10.02, Definition 29 defines Hardcover as "Any structure, blacktop or other <br /> material which interferes to any degree with the direct absorption of rainfall into <br /> the ground." <br /> Page 2 of 7 <br />