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4. Variance for intensive vegetation clearing within 75' of the shoreline and in a bluff <br />impact zone per Section 10.56, Subdivision and <br />WHEREAS, the City Council has reviewed the application; the recommendations <br />of the City staff and the Planning Commission; and the comments and \uiUen statements submitted <br />by the applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br />Minnesota hereby denies the requested conditional use permit and variances as described above <br />based on one or more of the following findings of fact concerning this property: <br />FINDINGS <br />1. <br />2. <br />The property is located in the B-2 Lakeshore Business District. <br />The property consists of 3.3 acres in land area, of which 1.86 acres is located east of <br />Shoreline Drive and 1.44 acres is located west of Shoreline Drive. 72% of the <br />property on the west side of Shoreline Drive is within 75' of the shoreline^where <br />hardcover, intensive vegetation clearing, and land alteration are prohibited by the <br />Orono zoning code. <br />3.On the west side of Shoreline Drive, hardcover in the 0-75' zone is proposed to <br />increase from .06% to 7.30% to accommodate the 25' wide access driveway at the <br />north end of the proposed parking lot. In the 75-250' zone, hardcover is proposed to <br />increase from 0% to 53.57% where only 25% hardcover is allowed. <br />4.The portion of property proposed for conversion to parking lot is by definition a <br />bluff, based upon the following criteria: <br />A. The feature lies within the shoreland district. <br />B. The slope rises at least 25' above the OHWL (according to information <br />submitted by the applicant the slope actually rises 40-45' above the OHWL). <br />C. The grade from the toe of the bluff to a point 25' or more above the OHWL <br />is greater than 30%. Based on the zoning code definition of "toe of bluff the <br />grade is 63%. although at some locations it is 100% or a 1:1 slope. <br />D. The slope drains toward Lake Minnetonka. <br />5. The proposed excavation of approximately 5,000 cubic yards of earth would result <br />Page 2 of 9 <br />__i