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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL -t14.`''' NO. 6433 'kESHol" i. The Owners' request is in harmony with the purpose and intent of the ordinance, consistent with the comprehensive plan and will not alter the character of the area. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Owners and the public, and the effect of the proposed variances and conditional use permit 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 granting the variances and conditional use permit would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council grants: a variance from Orono Municipal Zoning Code Section 78-1279 to allow construction of boulder retaining walls and outcroppings within 75 feet of the OWHL of Lake Minnetonka in order to repair significant erosion and the catastrophic failure of the lake yard slope; variances to Orono Municipal Zoning Code Sections 78-1288, 78-1680 and 78-1700 to allow new hardcover in conjunction with construction of the retaining walls and boulder outcroppings within 75 feet of the OWHL of Lake Minntonka where no hardcover is permitted; and a conditional use permit pursuant to Orono Municipal Zoning Code Sections 78-966, 78-967 and 78-1286 to allow construction of retaining walls in conjunction with slope stabilization measures in response to a catastrophic failure of the lake yard slope within 75 feet of the OHWL on the Property; subject to the following conditions: 1. Council approval is based on the partial survey and draft plans submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibits A and B. Final plans shall be submitted for review and approval by the City Engineer prior to issuance of a land alteration permit and any commencement of work to restore the slope areas. 2. The maximum hardcover allowed shall result from the minimal length of wall necessary to restore and stabilize the slope. 3. Authorities granted by this resolution run with the Property not with the Owner, but are permissive only and must be exercised by obtaining administrative Zoning Permits for the project and commencing construction of said project within one year of the date of Page 3 of 5