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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />3. The Orono Planning Commission reviewed this application on November 16, <br />1992, and recommended approval of the proposed variances as set forth above; <br />and per Section 10.55, Subd. 10 approved a conditional use pennit for the <br />construction of a seasonal dwelling within the flood plain of Lake Minnetonka <br />based on the following findings: <br />A. The property is located on a peninsula. The former seasonal dwelling on <br />the property was located within 40' of the lake and a 100'+ in front of <br />the average lakeshore setback. <br />B. The seasonal dwelling will be located 75' from the lakeshore and will <br />meet the 30' interior lot line setback. <br />C. The property will be served by an approved on-site septic system to be <br />located above the 931.5 or flood plain elevation of Lake Minnetonka. <br />D. Proposed hardcover for comprehensive improvement of the property will <br />result in 16.21 % hardcover where 25 o is allowed in the 75-250' setback <br />area. <br />E. The Iviinnehaha Creek Watershed District will not require compensatory <br />excavations for the frost depth footings as long as the structure is so <br />designed to allow water to flow freely beneath it. <br />4. 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 variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />5. The City Council finds that granting a conditional use permit to allow the <br />construction of a seasonal dwelling on Big Island within the flood plain of Lake <br />Minnetonka will not be detrimental to the health, safety or general welfare of the <br />Page 2 of 6 <br />