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D) The neighboring city of Minnetonka Beach has asked that the <br />road be restored to continue providing a connection between the <br />two cities. <br />4. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance would not <br />adversely affect traffic conditionSf lightr air nor pose a fire hazard <br />or other danger to neighboring properties; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicant; and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />5. The City Council finds that granting a conditional use permit to <br />allow installation of a retaining wall and certain land alterations <br />within the lakeshore protected area in order to restore a public <br />roadway known as Crystal Bay Road will not be detrimental to the <br />health, safety or general welfare of the public, would not adversely <br />affect light, air nor pose a fire hazard or other danger to <br />neighboring properties, nor will it depreciate surrounding property <br />values and that the proposed level of use of the property will be in <br />keeping with the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIOHS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />Council hereby grants a conditional use permit per Municipal Zoning Code <br />Section 10.03, Subdivision 19 and a variance per Section 10.22, Subdivision <br />2, subject to the following conditions: <br />1. The City shall provide the appropriate erosion controls throughout <br />the entire project. <br />2. All work shall be subject to the design standards set forth in the <br />engineering plans by Bonestroo, Rosene, Anderlik & Associates Inc., <br />referred to as amended. Option 2. <br />3. The City agrees to provide adeguate warning and a substitute <br />access if it is deemed necessary to close the road during the period <br />of repair. <br />4. The City to acquire temporary construction easements for <br />restoration of roadbed. <br />Page 2 of 3