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0 0 <br /> CITY of ORONO <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> `�kEs803 <br /> 4� NO. s <br /> 40 <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on June 20, 2005 and recommended approval of the conditional use <br /> permit request based on the following findings: <br /> a. The existing railroad tie retaining wall is in need of repair. <br /> b. The City Engineer has reviewed and approved the proposed wall <br /> replacement and planting plan. <br /> c. No negative impacts will result when viewed from the lake. <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 applicants and the public, and the effect of the proposed <br /> conditional use permit on the health, safety and welfare of 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 conditional use permit would not adversely affect <br /> traffic conditions, light, air nor pose a fire hazard or other danger to <br /> neighboring property; would not merely serve as a convenience to the <br /> applicants, but is necessary to alleviate a demonstrable 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 a conditional use permit per Orono Municipal Zoning Code Section 78-966 (A) to <br /> permit land alterations within 75' of the OHWL of Lake Minnetonka consisting of <br /> replacement of the existing railroad tie retaining wall with two, 4' tall boulder walls and a <br /> planting plan, 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 /> Page 2 of 5 <br />