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. o,�,. . � , . <br /> � <br /> +� o >> ° � <br /> � C ITY of ORONO <br /> � � <br /> -, . ti <br /> ti � <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`�k'ES�I�g'�G ' NO. .� � � � <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 variance and conditional use permit would not <br /> adversely affect traffic conditions, light, air nor pose a fire hazard or other <br /> danger to neighboring property; would not merely serve as a convenience <br /> � to the applicants, but is necessary to alleviate a deinonstrable hardship or <br /> difficulty; is necessary to preserve a substantial property right of the <br /> applicants; and would be in keeping with the spirit and intent of the <br /> 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 /> • grants hardcover variances and conditional use permit to Orono Municipal Zoning Code <br /> Sections 78-1288 and Section 78-1286 to allow grading and retaining walls within 75' of <br /> the OHWL of Lake Minnetonka and a hardcover variance for the 0-75' and 75'-250' <br /> zones to allow retaining walls, subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any <br /> amendments to the site plan which are not in conformity with City codes will <br /> require further Planning Commission and City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above the level of 2.11% or 240 s.f. <br /> The applicants are advised that this non-conforming hardcover is counted towards <br /> the 75'-250' zone hardcover allowance when determining allowable amount per <br /> zone. Hardcover in the 75'-250' zone shall be limited to 6,952 s.f. or 26.3% per <br /> the proposed plan and hardcover allowance summary as depicted on Exhibit A. <br /> Applicants are advised that any firture requests to increase hardcover or change <br /> the nature of existing/approved hardcover shall require City approval, and <br /> increases in hardcover will not likely be approved without concurrent reduction in <br /> existing hardcover. <br /> 3. Applicants shall remove all plastic or fabric liner material from the decorative <br /> landscape beds on the property to ensure their permeability as non-hardcover <br /> • surfaces. . <br /> 4. Required removals of structure and hardcover shall be completed by July 1, 2005. <br /> Page 3 of 6 � <br />