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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 4 5 8 <br />h. The size of the proposed residence and magnitude of hardcover variance is <br />consistent with other approved development in the neighborhood. <br />4. The Planning Commission reviewed this application at a public hearing held on <br />March 22, 2006 and recommended approval of the conditional use pennit based <br />on the following findings: <br />a. The fill proposed for this application is the minimum amount necessary to <br />accommodate a reasonable driveway access to serve the property. <br />b. A landscape plan will be submitted with the building permit application. <br />c. The filling and grading activities will be performed with only clean fill. This <br />requirement will be monitored by the City Engineer. <br />d. The applicant will be excavating below the 931.5' elevation to compensate for <br />the floodplain volume filled. <br />5. The City Council has considered this application including the findings and <br />recommendation of the Plam1ing Commission, reports by City staff, comments by <br />the applicant and the public, and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />6. The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicant; <br />and would be in keeping with the spirit and intent 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 Council hereby grants <br />variances to Orono Municipal Zoning Code Section 78-350(b), to allow construction of a new <br />residence on a lot 8,179 s.f. or 0.19 acre in area and 51' in width at the OHWL of Lake <br />Minnetonka and 55' in width at the 75' setback from the OHWL where 21,780 s.f. or½ acre in <br />area and 100' in width is nonnally required; and Section 78-1279 to allow the new residence to <br />Page 3 of6