05-09-2005 Council Packet - Laserfiche WebLink

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f.r- i • 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 conditional use permit 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 demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the ^ning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findin;^.., the Orono City Council hcicby grants hardcover variances and conditional use permit to Orono Municipal Zoning Code Sections 78-1288 and Section 78-1286 to allow grading and retaining walls within 7S ’ of the OHWL of Lake Minnetonka and a hardcover variance for the 0-75 ’ and 75 ’-250 ’ zones to allow retaining walls, subject to the following conditions: 1 Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75 ’ zone shall not increase above the level of 2.11% or 240 s.f. The applicants are advised that this non-conforming hardcover is counted towards the 75 ’-250 ’ zone hardcover allowance when determining allowable amount per zone. Hardcover in the 75 ’-250 ’ zone shall be limited to 6,952 s.f. or 26.3% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing hardcover. 3. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by July 1,2005. Page 3 of 6 J