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4.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments by the <br />applicants and the public, and the effect of the proposed variance on the health, safety and <br />welfare of the conununity. <br />5.The City Council finds that the conditions existing on this property are peculiar to it and do <br />not apply generally to other property in this zoning district; that granting the variance would <br />not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Sections 78-282,78-1112 and 78-1286(b) to permit filling and <br />grading within 75' of the shoreline of Lake Minnetonka where no such activity is normally allowed subject <br />to the following conditions; <br />1.Council approval is based on the site grading plan submitted by the applicants and annotated by <br />City staff, attached to this Resolution as Exhilnt B. Any amendments to the site grading plan which <br />are not in conformity with City codes will require further Planning Commission and City Council <br />review. <br />2.The final grade of slope shall be established at 3:1 and shall be revegetated as soon as possible. <br />Proper erosion control measures shall be established and maintained until the revegetation is <br />complete. <br />3.A S-10' wide unmowed vegetated buffer (raingaiden) for infiltration shall be established atthe base <br />of the slope, final design to be approved by City staff. <br />4.Authorities granted by this resolution run with the property not with the applicants, but are <br />permissive only and must be exercised by obtaining a land alteration permit for the revised grading <br />plan within one ytu of the date of Council approval, or the variance will expire on that date <br />(February 23,2005). <br />Page 3 of S <br />I <br />i <br />i <br />i