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• <br />1'4� <br />CITY of ORONO <br />RESOLUTION OF TJ E C(T� COUNCIL <br />NO. 44 <br />a. The proposed addition will not encroach any further into the western <br />side yard or the side street yard than what currently exists. . <br />b. The use to the west contains the Minnetonka Arts Center, which is also <br />a conditionally permitted use rather than a residential use, alleviating <br />any negative impacts that may result with an adjacent residential use. <br />c. Briar Street to the direct east provides for a buffer from the <br />.residentially used properties, which is the intent of requiring a 50' <br />setback from all residentially zoned property. <br />d. The addition will meet all other setback, structural coverage and <br />parking standards required within the Zoning Ordinance. The property <br />is not located within the Shoreland Overlay District and is therefore <br />• not subject to hardcover restrictions. <br />e. The proposed addition meets all criteria established under Section 78- <br />916 and will not be detrimental to the public health, safety or welfare <br />of the community. <br />f. The parking lot will be paved and 16 parking spaces (in addition to <br />required handicap parking) will be striped 8.5' in width. <br />g. The enrollment will be limited to 100 students. Council approval will <br />be required to increase the number of enrolled students over 100. <br />h. A grading and drainage plan will be submitted and approved by the <br />City Engineer prior to the issuance of a building permit. <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicant and the public, and the effect of the proposed <br />variances and conditional use permit on the health, safety and welfare of <br />the community. <br />5. The City Council finds that the conditions existing on this property are <br />• peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variances and conditional use permit would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard or other <br />Page 2 of 5 <br />