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P z <br /> *,\;\ <br /> CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> c $ 669 <br /> NO. <br /> kESH 00' <br /> A RESOLUTION GRANTING <br /> A CONDITIONAL USE PERMIT <br /> PURSUANT TO MUNICIPAL ZONING CODE <br /> SECTIONS 78-966 THROUGH 78-968 AND 78-1405 <br /> -FILE NO. 16-3848 <br /> WHEREAS, Janelle K. Shields and Michael R. Shields,Trustees 2000 <br /> Revocable Trust of Janelle K. Shields, u/a/d 9/22/2000 (hereinafter"the Applicants") are the <br /> owners of the property located at 364 Westlake Street within the City of Orono (hereinafter the <br /> "City"), Hennepin County PINS 05-117-23-23-0043, and legally described as follows: <br /> EXHIBIT A, attached hereto (hereinafter the "Property"); and <br /> WHEREAS,the Applicants have made application to the City of Orono for after- <br /> the-fact approval of a conditional use permit (CUP) pursuant to Municipal Zoning Code Sections <br /> 78-967(b)(3)and 78-1405(a)(5.1)c for construction of a 4-foot high retaining wall located less than <br /> 5 feet from a side lot line, which is considered as an "unusual land alteration" requiring a <br /> conditional use permit; and <br /> WHEREAS,the Applicants have concurrently made application for approval of an <br /> encroachment agreement, as said wall is within a dedicated drainage and utility easement where <br /> no such walls are normally allowed except by encroachment agreement per section 78- <br /> 1405(a)(5.1)a.2. <br /> NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, <br /> Minnesota: <br /> FINDINGS <br /> 1. This application was reviewed as Zoning File 16-3848. <br /> 2. The Property is located in the LR-1A Lakeshore Residential Zoning District which <br /> requires a minimum lot area of 2.0 acres and a minimum lot width of 200 feet. <br /> 3. The Planning Commission reviewed this application at a public hearing held on <br /> August 15, 2016 and recommended approval of the CUP based on the following <br /> findings: <br /> Page 1 of 7 <br />