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12. Platting of a cul-de-sac on Westlake Street has eliminated the need for the southern <br />portion of Westlake Street. The Council, at the request of the subdivider, has determined <br />it is appropriate to close the portion of Westlake Street south of the platted cul-de-sac. <br />Most of the existing paved Westlake Street to be closed is within the 75' lakeshore <br />setback. It is the intent of the City's Comprehensive Plan to protect the v/ater quality of <br />Lake Minnetonka as well as downstream flood zones along Minnehaha Creek. Removal <br />of the bituminous surface will assist in meeting the intent of the Comprehensive Plan by <br />allowing storm water to be absorbed into the soil rather than running over hardcover <br />directly into the lake. <br />13. The closing of Westlake Street south of the platted cul-de-sac will not change the <br />"public" status of the undeveloped Westlake Street. It is the position of the City these <br />platted access areas to the lake remain as they are beneficial to the localities especially to <br />property owners without riparian rights. <br />14. The subdivider is owner of property located at 365 Westlake Street. Access to the <br />property will be from the cul-de-sac. Curb cut to the cul-de-sac shall be approved by the <br />Director of Public Services. <br />15. Granting variances for lot area and lot width, and an average lakeshore setback <br />variance for the northern lot, shall be granted. The Council waives the one year time <br />period for variances and creates two "RECORD LOTS". Building plans conforming to <br />the standards set forth in the zoning chapter and/or conforming to the conditions <br />established by this resolution shall not require further Council review. <br />NOW, THEREFORE, BE IT RESOLVED, that the City Council of Orono <br />hereby approves the lot line rearrangement of the above referenced property by the subdividers <br />as shown on the certificate of survey by John K. Barnes, a licensed surveyor of Sunde Land <br />Surveying, LLC, dated February 18, 1999 and revised March 17, 1999, attached Exhibit "B", and <br />grants variances to Municipal Code Section 10.23, Subdivision 6 (B) to permit both newly created <br />lots to be "RECORD LOTS" and are granted variances from the zoning chapter requirements for <br />lot area and lot width; and Section 10.56, Subdivision 16 (C) (6) to permit an Average Lakeshore <br />Setback variance for the northern lot (364 Westlake Street); and to close Westlake Street south <br />of the platted cul-de-sac. The approval is subject to the following conditions: <br />Page 4 of 7