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3. The Orono Planning Commission reviewed this application on March 21, 1994 and recommended approval of the proposed variances as set forth above and per Section 10.55, Subdivision 10 approved a conditional use permit for the construction of an accessory storage shed within the flood fringe of Lake Minnetonka based on the following unique findings and hardships: a. The property is located on a peninsula. b. The majority of the buildable envelope is located within the flood fringe/flood plain of Lake Minnetonka. c. The structure will meet the required 7 5' from the lakeshore on all three sides. d. The original storage shed was removed as a result of the recent construction for seasonal cabin. The proposed hardcover for the improvement of the property results in 2,142 s.f. or 18% where 25% is allowed in the 75-250' setback area. e. The Minnehaha Creek Watershed District will not require compensatory excavations for the frost depth footings as long as the structure is so designed to allow water to flow freely beneath it. 4. The 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 applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council finds that granting a conditional use permit to allow the construction of a storage structure on the property to be located within the flood fringe of Lake Minnetonka 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 Page 2 of 5