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4. <br />5. <br />C. The permanent dock is subject to permitting by the Lake Minnetonka <br />Conservation District and potentially by the Minnesota Department of <br />Natural Resources. <br />D. The sheltered lagoon location will tend to limit the impact of ice movement <br />on the proposed permanent dock. <br />E.The existing boathouse to which the proposed dock will be attached, is a <br />non-conforming structure subject to the pertinent City ordinances. <br />The City Council finds that granting a conditional use permit to allow the proposed <br />permanent dock will not be detrimental to the health, safety or general welfare of <br />the public, would not adversely affect light, air nor pose a fire hazard or other <br />danger to neighboring properties, nor will its use depreciate surrounding property <br />values and that the proposed level of use of the property will be in keeping with <br />the intent and objectives of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />reconunendations of the Planning Commission, reports by staff and comments of <br />the applicant and the affect of th-* proposed use on the health, safety, and welfare <br />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 a conditional use permit per Municipal Zoning Code Section 10.55, Subdivision 9 (B-3) <br />to permit the construction of the proposed permanent dock, subject to the following conditions: <br />1. Applicant shall obtain a building permit from the City of Orono prior to <br />construction of the dock. <br />2.Applicant shall provide evidence that the necessary permits from the LMCD and/or <br />the DNR have been obtained prior to issuance of the City building permit. <br />3. Applicant is advised that the boathouse adjacent to the proposed dock is a non- <br />Page 2 of 4 <br />1