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12. The area of the stormwater pond shall count towards lot area of Lot 1 for <br />zoning purposes as noted above, and shall count towards lot area credit for <br />hardcover calculation purposes. The City intends that no hardcover variances <br />will be granted for development of dwelling units on Lots 1 and 2. <br />12. The preliminary grading plan includes a 2-3' high berm along the west lot line, <br />said berm extending to the west lot line and being located over an existing <br />sanitary sewer main. The City Engineer has determined that the proposed berm <br />will have no negative impacts on the sewer, but that adequate easements for the <br />existing sewer will be required if they do not exist, and that the devloper and <br />future owners be advised that the berm may be removed if sanitary sewer work <br />is required at some future time. The berm design (height, location) may be <br />amended subject to City approval as plans are finalized. A Conditional Use <br />Permit shall be granted for the construction of this berm. <br />13. Approval of the Conditional Use Permit for duplex use of Lot 2 will be the <br />subject of a separate City Council resolution which will be adopted at the time <br />of final plat approval. <br />14. Lot 1 shall have riparian access to Lake Minnetonka because it is adjacent to the <br />shoreline. Lot 2 shall not have riparian access to Lake Minnetonka, and a <br />covenant shall be filed in the titles of Lots 1 and 2 to prohibit the granting of <br />lake access easements over Lot 1 in favor of Lot 2. <br />15. The Council finds that both Lots 1 and 2 are suitable for the construction of <br />residential dwelling units as proposed without the need for further variances. <br />NOW, THEREFORE, BE IT RESOLVED, that based upon one or more of <br />the findings noted above, the City Council of the City of Orono hereby approves the <br />preliminary plat application of Robert and Iris Waade at 3280/3290 North Shore Drive per <br />preliminar>' plat drawings by David E. Crook, a licensed surv'eyor of DeMars-Gabriel Land <br />Surveyors, Inc, dated January 26, 1998, most recent revision May 13, 1998, subject to the <br />following conditions: <br />1.The proposed private road on said preliminary' plat drawing shall bf' platted <br />as a private road outlot to be designated as Outlot A. The proposed back lot <br />access corridor shall be platted as Outlot B. The proposed right-of-way for <br />Page 4 of 8