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A) The improvement as amended by the Planning Commission will <br />provide the least impact on the adjacent lake and within the <br />flood plain of Lake Minnetonka. <br />B) The excavation of the pond has been eq•ialized by the <br />placement of the excavated fill within the flood plain area and <br />has been found to have no negative impact on the f lood plain of <br />Lake Minnetonka nor on the adjacent properties. <br />C) The property receives the majority of run-off from the <br />adjacent properties located within the immediate watershed. <br />D) The installation of the pond and the drainage path <br />constructed in the south side yard that carries run-off to the <br />pond and eventLally to the grassed lakeshore yard meets the <br />original intent of the grading and drainage plans approved at the <br />time of development of this property. <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 variance would not <br />adversely affect traffic conditions, light, air nor poEe a fire hazard <br />or other danger to neighboring properties; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demon- <br />strable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping 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 a 165 s.f. retention pond as amended by the City will not be <br />detrimental to th- health, safety of general welfare of the public, <br />would not adversel, affect light, air nor pose a fire hazard or other <br />Ganger to neighbor.ng properties, nor will it depreciate surrounding <br />property values and that the proposed level of use of the property <br />will be in keeping with the intent and objectives of the Zoning Code <br />and 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 Sections 10.22, <br />Subdivision 2, and Sectior 10.55, Subdivision 8 and grants a conditional <br />use permit per Section 10.03, Subdivision 19 to allow the retention pond to <br />remain within 75' of the lakeshore and within the flood plain of Lake <br />Minnetonka where no such excavations are allowed, subject to the following <br />conditions: <br />Page 2 of 4 <br />