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� C�t� o� ORONO � <br /> • RESOLUTION OF THE CITY COUNCIL <br /> � NO. �� � � � <br /> � <br /> • � • • <br /> a) An individual ' s personal situation is always <br /> considered by this Council, but can �not be the • <br /> sole reason- for granting of variances or <br /> conditional use permits having a permanent effect <br /> on the land and/or water resources of the City, <br /> since such review is by law limited to unique facts <br /> or circumstances directly related to the 1and, <br /> and since individuals buy and sell property and <br /> are never as permanent as are the physical <br /> changes sought by such permits . . <br /> b) �Even if Welsh ' s handicap were. a reasonable criteria <br /> for review, Council notes that the We1sh property <br /> has a very steep bank from the house to the shore <br /> which is much more difficult to negotiate than is <br /> any length�� of �horizontal dock, and. Welsh purchased <br /> this property in full knowledge of both his handicap <br /> and the steep bank. . <br /> � c) There is no correlation between the length or width <br /> of any dock and whether it can be permanent or <br /> seasonal. If Welsh were to install a dock, even <br /> a 150 ft long dock, permits would be granted to make <br /> _ it as wide as necessary for his particular condition, <br /> and to have it installed as a permanent rather than � <br /> seasonal dack if °that were his desire. <br /> 32) A July 31 , 1981 , letter �rom Lal�e Minnetonka Conservation <br /> District (hereina�ter "LMCD") Executive Director Frank <br /> Mixa to th� DNR states no objection .to the dredging as � <br /> propose�l at that time subject to certain provisions. It <br /> • does not purport to grant LMCD approval for the dredging. <br /> � The I,r�CD clearly has no jurisdiction over such dredging <br /> apn7_ications. And the letter of "no objection" is purely , <br /> . the opinion o� the Director since the matter has never <br /> � , been brought to the attention of the LMCD Board of Directors. � <br /> 33) , The City of Orono has found that ,the We1sh application <br /> for� dredging is not consistent with "municipal ].and <br /> development guides" as required by MCWD Ru1e E, and j <br /> therefore the MCWD permit conditions ha.ve not been met. I <br /> 34) The City of Orono has found that the Welsh application for <br /> dredging is not in compliance with local agency "rules, <br /> regulations; requirements or standards" as required by <br /> DNR permit condition IX, and therefore the DNR permit � <br /> * conditions have not been met. <br /> � 11 o f 1�5�_ <br />