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m <br />-.i-sSlij <br />4. <br />5. <br />a. The property has a total area of 0.71 acre and 132’ of lot width. <br />b. City Code 78-966 allows for the grading and tilling within 75’ of the <br />OHWL of Lake Minnetonka by conditional use permit. <br />c. The proposed subterranean walls have been reviewed by the City <br />Engineer and the Engineer had the following recommendation; <br />i. In order to reduce the potential for another wash out or other <br />damage during the initial (6-year) period, the surface of the <br />existing natural soil should be “roughed up’’ so that the <br />compacted clay fill can be integrated into it. <br />d. The proposed subterranean walls will have no negative visual impact <br />and will be re-vegetated for a natural looking slope. <br />e. The applicants have provided a restoration plan meeting the goals and <br />intent of the 2^ning Code and the Orono Community Management <br />Plan. <br />The City Council has considered this application including the findings <br />and recommendation of tlw Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />Page 2 of 5