10-27-1986 Council Packet - Laserfiche WebLink

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5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the appli- cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council finds that granting a conditional use permit to allow the construction of a driveway through the designated wetland will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be i, 'seeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.55, Subdivision 8 and grants a conditional use permit per Section 10.03, Subdivision 19 to allow construction of a driveway through the designated wetland on the property subject to the following conditions: 1. The area of fill for the driveway crossing the designated wetlands shall in no case be wider than 32', and such fill shall be located within the defined corridor as shown on applicants approved preliminary plat drawings, attached as Exhibit A Yc:reto. The driveway and culvert construction through thE: wetlands i.:11 adhere to the design of Alternate I or Alternate II as submitted for preliminary plat approval, attached as Exhibit B hereto, and per the requirements of the Minnehaha Creek Watershed District. 2. A1. tnt is advised to contact the Regulatory Functions Branch -ne U.S. Army Corps of Engineers prior to construction within the wetland. 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4