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_ .� 0,1V. <br /> O �,,, o <br /> ��-,, , � CITY of OR�N4 <br /> a � <br /> �� ���,, G'y' RESOLUTION OF THE CITY COUNCIL <br /> L`q.kES'H.Og'� NO. � ? � �� <br /> a. The applicant's request for a lake setback variance for a fence within 75' of <br /> the OHWL should be denied as there is no hardship to support the variance. <br /> 5. The City Council has considered this application including the findings and <br /> recommendation of the Plaruling Commission, reports by City staff, comments <br /> by the applicant and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of tl�e coinmunity. <br /> 6. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply �enerally to other property in this zoning district; that <br /> manting t11e variance would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> denies variances to Orono Mtuzicipal Zoning Code Section 78-1279 Subdivision B, for a fence, <br /> aud hereby grants a variance per Orono Municipal Zoning Code Sections 78-282 and 78-1288 <br /> for a wooden boardwalk and decic within 75' of the OHWL of Lal<e Minnetonka, and a <br /> variance to Orono Municipal Zonin� Code Sections 78-1112, to allow grading and filling <br /> below 931.5' MSL, and a conditional use pernzit per 78-1114 Subdivision 2 for grading and <br /> filling below 931.5' MSL and a conditional use pennit per Municipal Zoning Code Section 78- <br /> 1366 for the constnlction of chirruleys up to 40'8" in height, subject to the following <br /> conditions: <br /> l. Council approval is based on the site plan submitted by the applicant and arulotated by <br /> City staff, attached to this Resolution as Exhibits B and C. Any amendments to the site <br /> plan which are not in conforn�ity with City codes will require further Plaruling <br /> Commission and City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above 438 s.f. or 0.09%. Hardcover in <br /> the 75-250' zone shall be limited to 23,855 s.f. or 25% per the proposed plan and <br /> hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any <br /> fiiture requests to increase hardcover or change the nature of existing/approved <br /> hardcover shall require City approval, and increases in hardcover will not likely be <br /> approved without concurrent reduction in existing hardcover. <br /> Pa�e 3 of 6 <br />