06-27-2005 Council Packet - Laserfiche WebLink

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5. 3. The Planning Commission reviewed this application at a public hearing held on June 20, 2005 and recommended approval of the conditional use permit request based on the following findings: a. The existing railroad tie retaining wall is in need of repair. b. The City Engineer has reviewed and approved the proposed wall replacement and planting plan. c. No negative impacts will result when viewed from the lake. 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 conditional use permit on the health, safety and welfare of the community. 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 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 qjplicants; 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 findings, the Orono City Council hereby grants a conditional use permit per Orono Municipal Zoning Code Section 78-966 (A) to permit land alterations within 75* of the OHWL of Lake Minnetonka consisting of replacement of the existing railroad tie retaining wall with two, 4* tall boulder walls and a planting plan, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any Page 2 of 5