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6485 substantial property right of the Applicants; 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 fmdings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow 209 square feet hardcover for a new lake access stair within 75' of the OHWL; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new lake access stair Minnetonka to replace an existing stair which encroaches into the adjacent undeveloped City right-of-way; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading within 75' of the OWHL of Lake Minnetonka for construction of the new stair system and grading and to correct a drainage issue next to the existing home on the Property; subject to the following conditions: 1. Council approval is based on the survey/grading plan and stair plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. 3. An administrative Zoning Permit for Major Land Alteration is required and shall be obtained by the Applicants prior to the commencement of grading activities. 4. The Owner shall conform to the recommendations of the City Engineer. 5. A double row of silt fencing shall be placed and maintained between the lakeward extent of the grading activity and the lake. 6. The amount of fill brought onto the Property shall be monitored so as to ensure compliance with the approved grading plan. 7. The Applicants shall submit an escrow in the amount to be determined by the City Engineer for erosion control purposes with the application for Zoning Permit for Major Land Alteration prior to commencement of grading activities. 8. Copies of Minnehaha Creek Watershed permits, if required, shall be provided to the City prior to the issuance of the Zoning Permit for Major Land Alteration. 9. An as-built grading plan/survey showing conformance with the approved plan shall be submitted prior to the final inspection of the site grading. Vegetation must be established and final grading must be approved prior to the release of escrow monies. 10. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (November 12, 2014). 3 180539