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5. <br />6. <br />A.The driveway at the north end of the property is the only feasible means of <br />access to the proposed building site. <br />B.Approval of wetland fill to allow for driveway access was not granted with <br />TREES TO BE subdivision in 1988. <br />C.The driveway crossing is proposed to be located where it will cause the least <br />disruption of wetlands. <br />The City Council finds that the conditions existing on this properU' are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance will not adversely affect traffic conditions, light, a*/, nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a derionstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicants, <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />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 by <br />the applicants and the effect of the proposed variance on the health, safety and <br />welfare of the community. <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 Municipal Zoning Code Section 10.55, Subdivision 8 to permit the construction of a <br />private driveway through a wetland where no fill is normally allowed. Approval is subject to the <br />following conditions: <br />1.When the conditions of the Minnehaha Creek Watershed District are met and a <br />pemiit is issued, the City will then issue a permit to construct the private driveway <br />through the wetland. <br />Page 2 of 5 <br />I <br />1