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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />3. The property is approximately 2 plus acres in area. <br />4. The Orono Planning Commission reviewed this application on <br />May 16, 1988, and recommended approval of the variances and <br />Conditional Use permit as amended and based their approval on the <br />following findings: <br />A) The fill project as amended by staff is cons istant with other <br />permits issued by the City under the Temporary Storm Damage <br />Repair Ordinance. <br />B) The proposed fill will allow the owners/applicants to <br />maintain mature trees damaged with the shoreline erosion. <br />C) The proposed rip -rapping of the shoreline will also protect <br />a portion of the public easement that abuts the property on the <br />east side. <br />5. The City Council finds that the conditions existing on this pro- <br />perty are peculiar to it and do not apply generally to other property <br />in this zoning district; that granting the variances would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring properties; wculd not merely serve is a <br />convenience to the applicant, but is necessary to alleviate a dcmon-- <br />strable hardship or difficulty; is necessary to 1-reserve a substantial <br />property right of the applicant; and would be in keeling with the <br />spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />6. The City Council finds that granting a conditional use permit to <br />allow the filling of approximately 25 cubic yards of fill to land side <br />of the proposed rip -rapping of the shoreline will not be detrimental <br />to the health, safety or general welfare of the public, would not <br />adversely 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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants variances to Municipal Zoning Code Section 10.22, <br />Subdivision 2 and Section 10.55, Subdivision 8 to allow filling within 75' <br />of the shoreline of Lake Minnetonka and grants a conditional use permit per <br />Section 10.03, Subdivision 19 for filling ir. excess of 100 cubic yards, <br />subject to the following conditions: <br />Page 2 of 4 <br />