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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> *IlL <br /> ' �G��lNO. 73 81 <br /> /CESHO� <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter."Granting the lake yard setback variance <br /> allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, <br /> comfort or morals,or in any way be contrary to the ordinances.This criterion is met. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant,but is <br /> necessary to alleviate demonstrable difficulty."The proposed walls within the lake yard will continue <br /> to preserve the integrity of the slope and existing tree.Preserving the existing tree is necessary and <br /> not merely a convenience.This criterion is met. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a variance <br /> from Orono Municipal Zoning Code Sections 78-1279 to allow the reconstruction of an existing retaining <br /> wall with a new material roughly 8 feet from the OHWL of Lake Minnetonka. subject to the following <br /> conditions: <br /> 1. Council approval is based on the entire record, above Findings. <br /> 2. The approved project shall conform to the attached site plan and building plans submitted by the <br /> Applicant and annotated by City staff(hereinafter the "Plans"), attached to this Resolution as <br /> Exhibits A. <br /> 3. Additional screening of the walls be implemented to preserve the natural vegetated view from the <br /> lake where feasible. <br /> 4. All work must be contained to the subject property.Permission must be submitted with the building <br /> permit from the abutting property owner if any construction or grading work is proposed outside <br /> of the property boundary. <br /> 5. Any amendments to the plans which are not in conformity with City codes may require further <br /> Planning Commission and City Council review. <br /> 6. Authorities granted by this resolution run with the Property not with the Applicants, but are <br /> permissive only and must be exercised by obtaining a building permit for the new construction and <br /> commencing construction of said project. A framing inspection must be completed within one year <br /> of the date of Council approval, or the variance will expire on that date(July 10, 2024). <br /> 4 <br />