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� °� . <br /> 0 0 <br /> • �� � C ITY of ORONO <br /> � - : � <br /> , ti . <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`�k'ESS�4�G NO. e�S � �. � � <br /> 4. The City Council has considered this application including the findings and <br /> recommendations of the Plannin�Commission,reports by City staff,comments by the <br /> applicants and the public,and the effect of the proposed variance on the health,safety and <br /> welfare of the cornmunity. <br /> 5. The City Council finds that the conditions existing on this property are peculiar to it and do <br /> not apply generally to other property in this zoning disriict;that granting the variance would <br /> not adversely affect traffic conditions,light,air norpose a fire hazard or other danger to <br /> neighboring property;wouldnot merely serve as a convenience to the applicants,but is <br /> necessary to alleviate a demonstrable hardship or difficulty;is necessary to preserve a <br /> substanti al property right of the applicants;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 grants a <br /> variance to Orono Municipal Zoning Code Sections 78-282,78-1112 and 78-1286(b)to permit filling and <br /> grading within 75'of the shoreline of Lake Minnetonka where no such activity is normally allowed subject <br /> to the fol�lowing conditions: <br /> 1. Council approval is based on the site grading plan submitted by the applicants and annotatedby <br /> City staff,attached to this Resolution as ExhibitB. Any amendments to the site grading plan which <br /> are not in confornuty with City codes will require further Planning Commission and City Council <br /> review. <br /> 2. The final grade of slope shall be established at 3:1 and shall be revegetated as soon as possible. <br /> Proper erosion control measures shall be established and maintained until the revegetation is <br /> complete. <br /> 3. A 5-10'wide unrnowed vegetated buffer(raingarden)forinfiltration shall be established at the base <br /> of the slope, final design to be approved by City staff. <br /> 4. Authorities granted by this resolution run with the property not with the applicants,but are <br /> perrnissive only and must be exercised by obtaining a land alteration pernut for the revised grading <br /> plan within one year of the date of Council approval,or the variance will expire on that date <br /> • (February 23, 2005). <br /> Page 3 of 5 <br />