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CITY OF ORONO RESOLUTION OE THE CITY COUNCIL Y. t� �� N o. 6 4 0 7 kEsxo� hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 to allow construction of a new residence on a lot of 5,237 s.f. in area where a lot area of 21,780 s.f. is normally required, and of width 52' at the shoreline and 59' at the 75' setback line where a lot width of 100' is normally required; and grants a variance to Section 78-350 to allow a setback of 1.7' from the rear lot line where a 30' setback is normally required; and grants variances to Sections 78-1279(1) and 78- 1279(2) to allow construction of a new residence 57' from the OHW of Lake Minnetonka where a 75' setback is normally required, and 24' from the traveled portion of Crystal Bay Road where a 30' setback is normally required; and variances to Sections 78-1680 and 78-1700(1) to allow construction of a new residence and associated hardcover in the amount of 36.57% within Hardcover Tier 1 where only 25% hardcover is normally allowed; and grants a variance and conditional use permit pursuant to Section 78-966 and 78-1286 to allow grading and the construction of retaining walls as well as excavation and grading to accommodate construction of a new home, all within the 0-75' lakeshore setback zone where no grading is normally allowed; subject to the following conditions: 1. Council approval is based on the survey submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A, and the conceptual building plans and elevations submitted by the Applicants and attached as Exhibit B. Any amendments to the site plan or building plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Prior to issuance of a building permit, applicants shall submit a final grading and drainage plan that addresses any City Engineer concerns regarding slope stability and retaining wall design; subject to adherence to the City's erosion control regulations as well as the permitting requirements of the MCWD. Timely re-vegetation and stabilization of the site will be a requirement of the permitting process. 3. Applicants shall take all necessary precautions to ensure that the mature oak ash tree within the 0-75' setback zone is not affected by construction. The mature oak tree next to the underground garage area is anticipated to be disturbed by the proposed construction, Page 6 of 8