Laserfiche WebLink
wall and grading within the 75' lakeshore setback will not be detrimental to the <br />health, safety or genera! welfare of the public, would not adversely affect light, air <br />nor pose a fire hazard or other danger to neighboring property, nor will its use <br />depreciate surrounding prop>erty values and that the proposed level of use of the <br />property will be in keeping w ith the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />13. 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 <br />grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, <br />Subdivision 16 (L) (1) to permit a retaining wall to stabilize a stairway located on a steep slope <br />for the purposes of lake access within the 0-75' lakeshore setback to allow 210 s.f. (1.5%) <br />hardcover where 60 s.f. (0.5%) exists and none (0%) is allowed and grants a conditional use <br />permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow grading and <br />construction of a retaining wall within 75' of the Ordinary High Water Level (OHWL) of Lake <br />Minnetonka. Approval is subject to the following conditions: <br />1.Property owners and City of Orono enter into a Restoration Agreement as drafted by <br />the City Attorney and agreed to by the property owners allowing Staff to enter the <br />property and conduct an initial inspection following restoration planting and <br />additional annual inspections for six consecutive years following restoration. The <br />purpose of the site inspections is to ensure a successful restoration program and <br />ensure the bluff is not subject to any erosion problems. <br />Property owners apply for a land alteration permit and building permit for the <br />construction of the stairway, retaining walls and grading on the property. <br />3.Any amendments to the restoration plan may require further Planning Commission <br />and City Council review. <br />Page 4 of 7