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d C�t� o� ORONO • RESOLUTION OF THE CITY COUNCIL 2�e ouncil finds that Section 31. 700 of the Orono � �uni ipal Code (adopted Ordi��ee #125 , DP.r-ember 1970) �� bits dredging of any kind; that Welsh has failed rmally apply for a variance to Section 31.700; that even if Welsh had applied for a variance, that he has failed to establish any practical difficulty or particular hardship sufficient to justify approval � of such a variance. a) The conditions existing on_ the Welsh property, including the steep bank, adjacent marsh land, � and shallow shore, are .not 'unique to this property . and do occur in other areas of the City. b) Denial of thi s application would not alter Welsh's ri•par.ian righ�ts or general property rights since the lakeshore condition and navigable accessibility continues unchanged from prior to Welsh' s purchase � and prior to Welsh' s residential construction on � the property. , ' c) Gr�nting of the variance would adversely affe�t the water quality of Lake Minnetonka. _• d) Granting of the variance would be solely �or the convenience of .the applicant who wishes to construct � a short dock rather than a long dock. e) Granting of the variance would be contrary to the . intent and purpose of Orono' s Comprehensive Community �Management Plan and contrary to the intent and purpose of the Orono Zoning Code. " 29) The Council fi.nds that Section 31.831 and Section 31.834 of the Flood Plain and. Wetlands Management Ordi nance (Ordinance #125 adopted December 1970, as included within Ordinance #213 adopted October 1978) provide for issuance of a Conditional Use Permit for dredging only when such use is compatible with the policies of the City as expressed in the Comprehensive Plan (Exhibit D, E & F) and wi.th the zoning requirements of Section 31. 700: a) If a dredging proposal. conforms to CMP Environmental Policy l0A (Exhibit D) such as if no other alterna.tives are available or if channel dredging wi11 benefit a large number of riparian owners, - then a variance to Section 31. 700 may be granted and only then will a dredging Conditional Use Permit be issued, whi.ch permit would stipulate the terms and conditions of the approved work. • b) If a dredging proposal does not conform to CMP Environmental Policy 10A, or if for some other reason a variance to Section 31. 700 is not approved, then issuance of a dredging .Conditional Use Permit could not be qranted under Section 31. 830.