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� O _ Y O #1. CITY of ORONO \\ 041VIP° ` 0M1. G RESOLUTION OF THE CITY COUNCIL 41k'ESVO' NO. FINDINGS 1. This application was reviewed as Zoning File #04-3012. 2. The property is located in the LR-1A, Single Family Lakeshore Residential District, which requires a minimum lot area of 2 acres and minimum lot width of 200'. The area of the property is 3.3 acres (144,491 s.f.) and defined lot width is 650'+. 3. The Planning Commission reviewed this application at a public hearing held on May 17, 2004 and recommended approval of a hardcover variance within the 0- 75' setback zone of 438 s.f. for a boardwalk and landing, a conditional use permit for chimney heights in excess of 30'; and a conditional use permit and variance for grading, fill and a retaining wall located within the flood fringe based on the following findings: a. The applicant will conduct grading and filling below 931.5 MSL within the flood fringe, consisting of construction of a retaining wall, excavation and mitigation as depicted on Exhibit B approved by the City Engineer. b. The applicant will comply with the recommendations of the City Engineer and the Minnehaha Creek Watershed District Rule C permit # 04-210 regarding floodplain filling and mitigation. c. The applicant will comply with Municipal Zoning Code Section 78-1117, standards for floodway and flood fringe conditional uses. d. The applicant has proposed an environmentally friendly native floodplain shoreline area as opposed to the existing maintained lawn extending to the lake. e. The chimneys at a height of 40' 8" will have no negative visual impacts within the neighborhood and as an architectural feature will not be out of character within the neighborhood. 4. The Planning Commission reviewed the application at a public hearing held on May 17, 2004 and recommended denial of the fence request within 75' of the OHWL based on the following findings: Page 2 of 6