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The City Council finds that granting a conditional use permit to allow <br />construction of a retaining wall system and stair replacement will not be <br />detrimental to the health, safety or general welfare of the public, would not <br />adversely affect light, air nor pose a fire hazard or other danger to neighboring <br />property, nor will its use depreciate surrounding property values and that the <br />propos^ level of use of the property will be in keeping with the intent and <br />objectives of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, Subdivision <br />8, and 10.56, Subdivision 16 (L) to allow hardcover in the 0-75* lakeshore setback zone of 5.5% <br />where no hardcover is normally allowed, and grants a variance to Section 10.56, Subdivision <br />16 (C) (5) to allow construction of retaining walls where they are normally prohibited in the <br />shore setback zone, and grants the conditional use permit required for lakeshore alterations per <br />Section 10.03, Subdivision 19, subject to the following conditions: <br />1. <br />2. <br />3. <br />4. <br />Hardcover in the 0-75 ’ zone shall not exceed 5.5% (513 s.f.), and construction <br />shall adhere to the approved design by American Engineering Testing, Inc. and <br />the site plan and planting schedule attached as Exhibit A. <br />Applicant shall obtain the necessary land alteration permit prior to construction. <br />Further, applicants shall obtain tK appropriate Minnehaha Creek Watershed <br />District permit for riprap at the shoreline prior to riprapping. <br />Propc erosion control procedures shall be established and maintained during <br />construction activity in accord with MPCA’s "Best Management Practices for <br />Protecting Water (^ality in Urban Areas", and in accord with the provisions of <br />Orono ShoreUnd Regulations, Section 10.56, Subdivision 16 (J)- <br />In order to minimize the period during which the shorelitie is disrupted, the <br />retaining wall system construction shall continue to completion without delay once <br />construction has commenced. Completion of plantings per Exhibit A shall be <br />completed as soon as weather permits after retaining wall construction. <br />Page 3 of 5