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b.The City Engineer, in his report dated May 5, 1995, notes the parking and <br />access to the property to be acceptable for the proposed use and tinds the <br />proposed use will have no greater demand on parking than the former <br />Champion Auto retail use. <br />c.The proposed location of the restaurant use is in accord with the <br />objectives of the Zoning Chapter. Comprehensive Municipal Plan and the <br />purposes of the district in which the site is located. <br />d.The proposed location of the Class I restaurant use and the conditions <br />under which it would be operated or maintained would not be detrimental <br />to the public health, safety or welfare, or materially injurious to properties <br />or improvements in the vicinity. <br />e.The proposed Class I restaurant use will comply with each of the <br />applicable provisions of the Zoning Chapter. <br />4.The Council finds that granting a conditional use permit to allow the Class I <br />restaurant will not be detrimental to the health, safety or general welfare of the <br />public, would not adversely affect light, air nor pose a fire hazard or other danger <br />to neighboring properties, nor will its use depreciate surrounding property values <br />and that the proposed level of use of the property will be in keeping with the <br />intent and objectives of the Zoning Code and Comprehensive Plan of the City. <br />5.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, safety and <br />welfare 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 10.40, Subdivision 4 (C) to <br />permit a Class I restaurant use to be installed at the property located at 3445 Shoreline Drive <br />to be known as Minnetonka Mud Coffee and Cafe, subject to the following conditions; <br />Page 2 of 5