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4. <br />5. <br />6. <br />7. <br />Permanent docks are allowed by Conditional Use Permit in the floodway and <br />flood fringe of Lake Minnetonka per the provisions of Orono Municipal Code <br />Section 10.55 Subd. 9(BX3). <br />The Orono Planning Commission reviewed this application on July 21, 2003 and <br />recommended approval for a conditional use permit for construction of a <br />replacement permanent dock by of vote of 6 to 0, based on the following <br />findings: <br />The property is on Forest Lake Bay of Lake Minnetonka and is located <br />in a cove where wave and ice action will be minimal, hence the stability <br />of such dock will be at minimal risk. <br />b)The proposed replacement permanent dock is located in Lake Minnetonka <br />and is under the jurisdiction of the Lake Mirmetonka Conservation District <br />(LMCD). The applicants obtained a permit from the LMCD for <br />replacement of the dock in June, 2003. The LMCD permit also granted <br />a dock length variance for shallow water depth. <br />The proposed permanent dock will be located so as to reduce potential <br />conflicts with adjoining docks and will meet LMCD setback standards. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the conditional use permit would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />Page 2 of 6