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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />A RESOLUTION <br />APPROVING A CONDITIONAL USE PERMIT <br />PURSUANT TO MUNICIPAL ZONING CODE <br />SECTIONS 78-967 & 78-1286 <br />FILE NO. 17-3987 <br />WHEREAS, on October 23, 2017, John Kraemer, on behalf of the Ellen Redmond <br />Revocable Trust, the owner (hereinafter the "Applicant'), applied for a conditional use permit <br />pursuant to City Code for the property addressed 2625 Kelly Avenue and legally described as: <br />Lot 6, Block 5, including that part of the vacated Southwesterly 34 feet of Kelly Avenue lying <br />between the extensions across it of the Northwesterly and Southeasterly line of said Lot 6; <br />That part of Lot 7, Block 5 lying Northwesterly of a line drawn parallel with the Southeasterly <br />line of said Lot 7 from a point on the Northeasterly line of said Lot 7 distant 62.5 feet <br />Northwesterly from the most Easterly comer of said Lot 7 to the shore of Lake Minnetonka, <br />including that part of the vacated Southwesterly 34 feet of Kelly Ave. lying between the <br />extensions across it of the above described parallel line and the Northwesterly line of said <br />Lot 7, All in Townsite Of Langdon Park, Hennepin County, Minnesota. <br />The Southeasterly line of that part of Lot 7 described herein marked by Judicial Landmarks <br />set pursuant to Torrens Case No. 5858; Certificate of Title No. 1060940 (hereinafter the <br />"Property"); <br />WHEREAS, the Applicants have made application to the City of Orono for a <br />conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-967 and 78-1286 <br />in order to allow the export of approximately 4,500 cubic yards of fill material from the Property; <br />and <br />WHEREAS, on November 13, 2017, pursuant to City Code Section 78-912, the <br />City Council unanimously voted in favor of waiving the Planning Commission's review of the <br />application; and <br />WHEREAS, on November 13, 2017, after published and mailed notice in accordance <br />with Minnesota Statutes and the City Code, the City Council held a public hearing, at which time <br />all persons desiring to be heard concerning this application were given the opportunity to speak <br />thereon; and <br />WHEREAS, on November 13, 2017, the City Council reviewed the application and <br />the recommendations of the City staff and recommended approval of the conditional use permit; <br />and <br />