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CITY OF Geozit-,To <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6533 <br />including the findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the Applicants and the public, and the effect of the proposed <br />variances on the health, safety and welfare of the community as well as the impact on <br />properties in the vicinity. <br />4. The City Council finds that the conditions existing on this Property are peculiar to it and <br />do not apply generally to other property in this zoning district; that granting the <br />variances would not adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a convenience to <br />the Owners, but is necessary to alleviate a practical difficulty; is necessary to preserve <br />a substantial property right of the Applicants; and would be in keeping with the spirit <br />and intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based on the above findings, City Council of Orono, Minnesota hereby grants a variance from <br />Orono City Code Section 78-1680 to permit additional hardcover in the 75' lake yard where <br />none is permitted; a variance from Orono City Code Section 78-1405-8-a-4 to permit <br />construction of split rail fence as close as 30 feet from the OHWL of the lake where a 75 foot <br />setback is required,subject to the following conditions: <br />1. Council approval is based on the plans submitted by the Applicants and annotated by <br />City staff, attached to this Resolution as Exhibit & Any amendments to these plans <br />may require further Planning Commission and City Council review. <br />2. Violation of or non-compliance with any of the terms and conditions of this resolution <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />3. The undersigned Applicants have read, understand and hereby agree to the terms of <br />this resolution and on behalf of their heirs, successors and assigns, hereby agree to <br />the recording of this resolution in the chain of title of the Property. <br />Adopted by the Orono City Council on this 10th day of August, 2015. <br />ATTEST: <br />btm're Tiegs, City Clerk <br />Page 3 of 3 <br />Lili Tod McMillan, Mayor <br />