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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7013 <br />4) The use will not be in conflict with any provisions of the city code on an ongoing basis; <br />the proposed grading activity will not be in conflict with the Code <br />5) The use will not adversely affect the adjacent property, the surrounding neighborhood, <br />or other uses on the property where the use will be located; The result of the <br />proposed grading will not change the intended residential use of the Property <br />so there should be no change in the use and enjoyment of adjacent properties <br />resulting from the lakeshore grading. The grading work on the Property as well <br />as the forthcoming construction of the proposed home could result in <br />additional noise, dust, vibration and traffic on the haul routes and immediate <br />neighbors. To the degree possible, negative impacts should be limited and <br />mitigated <br />6) The use will not impose additional unreasonable costs on the public; the lakeshore <br />grading should not impact any public roadways. <br />7) The date or event that will terminate the use can be identified with certainty; the <br />conclusion of the grading activity will coincide with the finalization of the <br />construction of the proposed home on the property. An as -built survey shall be <br />submitted to confirm conformance with the approved grading plan at the <br />closing of the permits. <br />8) And the applicant agrees in writing to any conditions that the city council deems <br />appropriate for the use, including a requirement for a financial security to ensure <br />removal of all evidence of the use upon termination, and restoration of the site to prior <br />or better conditions. The conditions shall be set forth in a development agreement <br />between the property owner and the city, which agreement shall be recorded with the <br />Hennepin County Recorder or Registrar of Deeds. The conditions of approval will <br />be documented as required. <br />CONCLUSIONS, ORDER AND CONDITIONS: <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-305, 78-1279, 78-1680 and 78-1276 to <br />allow variances for lot area, side yard setback, average lakeshore setback, building retaining walls <br />and hardcover within the 75 foot lakeyard and an interim use permit for movement over 50 cubic <br />yards within the lake yard to construct a new single family home, 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 survey dated 8/6/2019 and plans submitted by <br />the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. <br />