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OA O CITY of ORONO RESOLUTION OF T E CITY COUNCIL ��kESHOgS designed to address the Applicants' drainage issues and does not adversely impact the natural character of the lakeshore. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance and CUP 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 variance and CUP 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 Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a 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 findings, 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. Page 3 of 5