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4. <br />5. <br />6. <br />I.The site has historically been used as a snowmobile access to Stubbs Bay. <br />The Luce Line Trail located north of the bay is open for snowmobile use <br />west of Stubbs Bay Road. The access is ^e link between Lake <br />Minnetonka, the Luce Line and Stubbs Bay Road. <br />The Council finds that the conditions existing on this property are peculiar to it <br />and do not apply generally to other property in this zoning district; that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a <br />fne hazard or other danger to neighboring properties, would not merely serve as <br />a convenience to the applicant, but is necessary to alleviate a demonstrable <br />hardship or difficulty; is necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />The CiQr Council fmds that granting a conditional use permit to allow an access <br />trail to provide public access to the City dock will not be detrimental to the <br />health, safeQ^ or general welfare of the public, would not adversely affect light, <br />air nor pose a fire hazard or other danger to neighboring property, nor will its <br />use depreciate surrounding property values and that the proposed level of use of <br />the property will be in keeping with the intent and objectives of the Zoning Code <br />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 and <br />welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above fmdings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, <br />Subdivision 16 (L) (1) to permit an access trail within the 0-75 ’ lakeshore setback to provide <br />public access to the City dock located on the North end of Stubbs Bay and grants a conditional <br />use permit per Section 10.03, Subdivision 19 to allow less than 400 cubic feet of wetland to <br />permit an access to the public dock, subject to the following conditions: <br />Page 3 of 4