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o,�,. <br /> 0 0 <br /> CITY of ORONO <br /> 1 <br /> RESOLUTION OF THE CITY COUNCIL <br /> �kESII0 NO. <br /> 5. The City Council finds that the conditions existing on this property are peculiar to it <br /> and in some respects do not apply generally to other property in this zoning district; <br /> that granting the variance to allow retaining wall construction on the house side of <br /> the road would not adversely affect traffic conditions,light,air nor pose a fire hazard <br /> or other danger to neighboring property;that the retaining walls on the house side of <br /> the road would not merely serve as a convenience to the applicants but are necessary <br /> to alleviate a demonstrable hardship or difficulty, and are necessary to preserve a <br /> substantial property right of the applicants; and such approval would be in keeping <br /> with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. <br /> 6. The City Council took action on July 14,2003 to deny the after-the-fact variance for <br /> the retaining walls on the lake side of the road and approve a variance for the walls <br /> on the house side of the road, and directed Staff to draft a resolution documenting <br /> such action for adoption on July 28, 2003. <br /> CONCLUSION, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings,the Orono City Council hereby denies <br /> a variance to Orono Municipal Zoning Code Sections10.22, Subd. 2; 10.55, Subd. 8; and 10.56, <br /> Subd. 16(L) to allow the construction of retaining walls on the lake side of Fagerness Point Road, <br /> located within 75'of the shore of Lake Minnetonka,where no structures or hardcover are normally <br /> allowed; and approves a variance to Orono Municipal Zoning Code Sections 10.22, Subd. 2; 10.55, <br /> Subd. 8; and 10.56 Subd. 16(L) to allow the construction of retaining walls on the house side of <br /> Fagerness Point Road, located within 75'of the shore of Lake Minnetonka,where no structures or <br /> hardcover are normally allowed, subject to the following conditions: <br /> 1. The retaining walls already constructed on the south side of the road shall be removed and <br /> the yard areas disturbed shall be regraded to a stable, maintainable slope and revegetated. <br /> 2. Applicants shall apply for and obtain a building permit if applicants choose to retain or <br /> construct a stairway of maximum 4'width to accommodate pedestrian access to the lakeshore <br /> on the south side of the road, as allowed by City Code. Such permit may include up to 10 <br /> cubic yards of topsoil fill for spreading in the disturbed areas to assist in the revegetation <br /> required in condition 1. <br /> Page 3 of 6 <br />