#5137-denying variance-2004 - Laserfiche WebLink

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o , o CITY of ORONO Aq ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESiIOg�O NO. 513 A RESOLUTION DENYING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTION 78-967 (B) (3) FILE#04-2973 WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq., the City Council of the City of Orono has adopted zoning regulation for the protection of the public health, safety and general welfare; and WHEREAS, Minnetonka Custom Homes (hereinafter "the applicant") is the owner of the property located at 4753 North Shore Drive within the City of Orono (hereinafter"the City") and legally described as follows: Lot 4, Block 6, BERGQUIST & WICKLUNDS PARK, Hennepin county, Minnesota and that part of Lake Street as dedicated in BERGQUIST & WICKLUNDS PARK, Hennepin County, which lies between the southerly extension of the east and west lines of Lot 4, Block 6, said BERGQUIST & WICKLUNDS PARK (hereinafter"the property"); and WHEREAS, the applicant has applied to the City of Orono for a conditional use permit to permit a retaining wall and grading within 5 feet of a property boundary, requesting the following approvals: 1. Section 78-967 (B) (3): To allow a retaining wall and grading within 5 feet of the western property boundary. WHEREAS, the City Council has reviewed the application; the recommendation of the City staff and Planning Commission; and the comments and written statements submitted by the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested conditional use permit as described above based on one or more of the following findings of fact concerning this property: Page 1 of 2