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r 41 <br /> O <br /> - �_ CITY of ORONO <br /> Al <br /> RESOLUTION OF THE CITY COUNCIL <br /> `9-kESH.Og NO. 4 <br /> A RESOLUTION GRANTING AN AFTER-THE-FACT VARIANCE <br /> TO MUNICIPAL ZONING CODE <br /> SECTION 10.55, SUBDIVISION 8 AND AN AFTER THE <br /> FACT CONDITIONAL USE PERMIT TO SECTION 10.03, <br /> SUBDIVISION 19-21 <br /> FILE NO. 02-2793 <br /> WHEREAS, Revis Stephenson III and Meghan Stephenson, (hereinafter "the <br /> applicants") are owners of the property located at 1850 Fox Ridge Road within the City of Orono <br /> (hereinafter "the City") and legally described as follows: <br /> Lot 4,Block 1,Fox Ridge, Hennepin County,Minnesota(hereinafter"the property"); <br /> and <br /> WHEREAS, during routine inspections of the property it was determined that the <br /> amount of fill placed on the hillside exceeds what was allowed by a Conditional Use Permit that was <br /> granted by the City of Orono to permit 3,280 cubic yards of fill on the property. A new survey <br /> completed by Gronberg and Associates, dated 6-6-02, confirmed the land alteration not only <br /> encroached beyond the project area, but is beyond the property lines onto two adjacent properties. <br /> Areas were also identified where fill had been added within 26' of the protected wetland. The <br /> property owners were sent a notice on May 2, 2002 ordering corrections to the property. Staff <br /> initially requested corrections last winter and spring,but due to road restrictions and the mild winter <br /> trucks to transport the fill from the property were not allowed to legally use Fox Ridge Road. A May <br /> 16, 2002 deadline was established to correct the problem. Mr. Stephenson contacted Staff and <br /> requested the opportunity to apply for after-the-fact permits rather than correct the problem at that <br /> time; and <br /> WHEREAS, the applicants applied for an after-the-fact conditional use permit per <br /> Municipal Zoning Code Section 10.03, Subdivision 19 to permit land alteration and fill of beyond <br /> the 3,280 s.f. of material that was approved in 2001 and an after-the-fact variance to permit land <br /> alteration within 26' of the wetland; and <br /> WHEREAS, after due published notice and mailed notice in accordance with <br /> Minnesota Statutes and the City of Orono Zoning and Plannin; Codes, the Orono Planning <br /> Commission held a public hearing on June 17, 2002 at which time all persons desiring to be heard <br /> concerning this application were given the opportunity to speak thereon. <br /> Page 1 of 8 <br />