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O O CITY of ORONO .-3 = RESOLUTION OF THE CITY COUNCIL No. 6 1 8 ti SH vii. The Applicants' request is in harmony with the purpose and intent of the ordinance. viii. The Applicants have demonstrated that enforcing the 0 to 75' zone hardcover, lake and side yard setback, lot area and lot width provisions of the Zoning Ordinance deprive the Applicants of the reasonable use of the Property. ix. The Applicants are not able to acquire additional property to meet minimum lot width and area requirements. X. The current home has existed on the Property since the 1950's. xi. No alternative, conforming location exists for a house as no part of the Property is outside the 0 to 75 foot zone. xii. The amount of hardcover will be partially mitigated by lakeshore buffering. b. Approval of the conditional use permit based on: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. Approval of the floodplain mitigation by the Minnehaha Creek Watershed District (MCWD) and issuance of necessary permits. iii. While the grading will require the removal of a number of large trees, there is no practical alternative to elevating the driveway out of the 100-year floodplain on fill (as required by the MCWD) and no other location on the Property to provide the compensatory flood storage capacity. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances and conditional use permit on the health, safety and welfare of the community as well as the impact on properties in the vicinity. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that Page 3 of 6