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� o� O � O CITY of ORONO ,_ ��,� - � '�� ► RESOLUTION OF THE CITY COUNCIL "�''` �'� p�`� ,�,�' � � No. 6 1 0 0 ��kESH��`'� A RESOLUTION GRANTING A CONDITIONAL USE PERMIT PER MUNICIPAL ZONING CODE SECTIONS 78-966, 78-967, 78-1247, and 78-1286(B) & (D) FILE NO. 11-3532 WHEREAS, Michael Sime and Pamela Sime, a married couple (hereinafter "the Applicants") are the owners of the property located at 3095 North Shore Drive within the City of Orono (hereinafter the "City") and legally described as follows: That part of Tract A, Registered Land Survey No. 670, Hennepin County, Minnesota, lying southwesterly of the following described line: Commencing at a point in the northwesterly line of said Tract A, distant 150 feet northwesterly from the most westerly corner thereof; thence southwesterly parallel with the southwesterly line thereof to the shoreline of Lake Minnetonka. (hereinafter the"Property"); and WHEREAS, on October 19, 2011, the Applicants made an application for after-the-fact approval of a conditional use permit pursuant to Orono Municipal Zoning Code Section 78-966, 78-967, 78-1247, and 78-1286(B) & 78-1286(D) in order to approve grading activities conducted by the previous property owner without proper City permits to create a retaining wall and beach within the rip rap area on the Property. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File 11-3532. 2. The property is located in the LR — 1 B, Zoning District which requires a minimum lot area of 1.0 dry acres and a minimum lot width of 140 feet. 3. The Planning Commission reviewed this application at a public hearing held on November 21, 2011 and recommended approval of the after-the- fact conditional use permit based on the following findings: Page 1 of 4