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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� G NO. 7013 t�kESHO4� 4) The use will not be in conflict with any provisions of the city code on an ongoing basis; the proposed grading activity will not be in conflict with the Code 5) The use will not adversely affect the adjacent property, the surrounding neighborhood, or other uses on the property where the use will be located; The result of the proposed grading will not change the intended residential use of the Property so there should be no change in the use and enjoyment of adjacent properties resulting from the lakeshore grading. The grading work on the Property as well as the forthcoming construction of the proposed home could result in additional noise, dust, vibration and traffic on the haul routes and immediate neighbors. To the degree possible, negative impacts should be limited and mitigated 6) The use will not impose additional unreasonable costs on the public; the lakeshore grading should not impact any public roadways. 7) The date or event that will terminate the use can be identified with certainty; the conclusion of the grading activity will coincide with the finalization of the construction of the proposed home on the property. An as-built survey shall be submitted to confirm conformance with the approved grading plan at the closing of the permits. 8) And the applicant agrees in writing to any conditions that the city council deems appropriate for the use, including a requirement for a financial security to ensure removal of all evidence of the use upon termination, and restoration of the site to prior or better conditions. The conditions shall be set forth in a development agreement between the property owner and the city, which agreement shall be recorded with the Hennepin County Recorder or Registrar of Deeds. The conditions of approval will be documented as required. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305, 78-1279, 78-1680 and 78-1276 to allow variances for lot area, side yard setback, average lakeshore setback, building retaining walls and hardcover within the 75 foot lakeyard and an interim use permit for movement over 50 cubic yards within the lake yard to construct a new single family home, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey dated 8/6/2019 and plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 5