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CITY OF ORONO <br />RESOLUTION OFJHE YTY COUNCIL <br />NO. 7 2 <br />A RESOLUTION <br />APPROVING A CONDITIONAL USE PERMIT <br />PURSUANT TO MUNICIPAL ZONING CODE <br />SECTIONS 78-967; 78-1283; and 78-1286 <br />FILE NO.17-3939 <br />WHEREAS, on April 19, 2017, John Bailey (the "Applicant"), applied for a conditional <br />use permit (a "CUP") pursuant to City Code for the property addressed 2807 Casco Point Road and <br />legally described as: <br />Lots 123 and 124, Spring Park, Hennepin County, Minnesota, according to the <br />recorded plat thereof. <br />Also <br />That part of vacated Lake Shore Avenue and of the tract of land lying between said <br />avenue and shore of lake which lies between the Southwesterly extension of the <br />Northwesterly line of Lot 124 and the Southeasterly line of Lot 123. (hereinafter the <br />"Property"); <br />WHEREAS, the Applicant has made application to the City of Orono for a CUP <br />pursuant to Orono Municipal Zoning Code Sections 78-967; 78-1283; and 78-1286 to allow <br />removal of approximately 300 cubic yards of compromised soil material on the Property's failed <br />lake slope and replace it with approximately 500 cubic yards of angular soil to be compacted and <br />restored as shown on the plans within 75 feet of the ordinary high water level of the lake; and <br />WHEREAS, on May 15, 2017, after published and mailed notice in accordance with <br />Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which <br />time all persons desiring to be heard concerning this application were given the opportunity to <br />speak thereon; and <br />WHEREAS, on May 15, 2017, the Planning Commission recommended approval <br />of the CUP; and <br />WHEREAS, on June 12, 2017, the City Council directed preparation of findings for <br />approval of the CUP; and <br />WHEREAS, on June 26, 2017the City Council reviewed the application and the <br />recommendations of the Planning Commission and City staff; and <br />