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O O CITY of ORONO Baa ;_ RESOLUTION OF THE CITY COUNCIL NO. �kESH0 WHEREAS, the Applicants have made application to the City for a conditional use permit for land alteration to perform more than 10 cubic yards of earth movement within the 0 to 75 foot zone in order to rearrange the floodplain on the Property; and WHEREAS, after due published notice and mailed notice in accordance with Minnesota Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public hearing on January 17, 2012, at which times all persons desiring to be heard concerning this application were given the opportunity to speak thereon. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File#12-3540. 2. The Property is located in the LR-1A zoning district, where 2.0 acres is the minimum lot area and 200 feet is the minimum defined lot width. The Property is approximately 0.63 acre in area and 0 feet in defined width. 3. The Planning Commission reviewed this application on January 17, 2012 and on a vote of 5 - 0 recommended: a. Approval of the variances, based on the following findings: i. The Property is a legal lot of record created prior to adoption of the current Zoning Ordinance lot area and width requirements. ii. There is no additional land available to bring the lot area or width into conformity. iii. The Applicants' request for hardcover in excess of 25% makes the Property ineligible for nonconforming lot area and lot width provisions provided within MN §462.357. iv. The lot is provided with City sewer. V. The Applicants' request will alleviate a practical difficulty inherent to the Property and not created by the Applicants. vi. The Applicants' request will not alter the essential character of the neighborhood and will result in minimal negative impact on adjacent properties. Page 2 of 6