07-10-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7381 4 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the lake yard setback variance allowing the retaining walls within the 75-foot lake setback will not adversely impact health, safety, comfort or morals, or in any way be contrary to the ordinances. This criterion is met. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The proposed walls within the lake yard will continue to preserve the integrity of the slope and existing tree. Preserving the existing tree is necessary and not merely a convenience. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance from Orono Municipal Zoning Code Sections 78-1279 to allow the reconstruction of an existing retaining wall with a new material roughly 8 feet from the OHWL of Lake Minnetonka. subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the attached site plan and building plans submitted by the Applicant and annotated by City staff (hereinafter the “Plans”), attached to this Resolution as Exhibits A. 3. Additional screening of the walls be implemented to preserve the natural vegetated view from the lake where feasible. 4. All work must be contained to the subject property. Permission must be submitted with the building permit from the abutting property owner if any construction or grading work is proposed outside of the property boundary. 5. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 6. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed within one year of the date of Council approval, or the variance will expire on that date (July 10, 2024).