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�O� : O O C ITY of ORONO � .;.. � ti �� G'�' RESOLUTION OF THE CITY COUNC�L �kESI'iOg' NO. '� � ti i.? NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#09-3405. 2. The Property is located in the B-4 zoning district. 3. The Planning Commission reviewed this application on October 19, 2009 and on a vote of 6 - 0 recommended approval of the conditional use permit revision and variznce, based on the following findings: a. The proposed deck for access and gathering is reasonable and customary. b. The design of the deck is compatible with the building and surrounding residential area. c. If this portion of the building were used for office purposes the deck could be located as close as 35 feet from the rear property line. d. There are a number of trees screening the deck from the adjacent properties. e. The Owner has agreed to plant additional evergreen trees in order to screen the southern portion of the parking lot from adjacent residential properties. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that �-anting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Owner but necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial Page 2 of 5