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i • � '�1 O • 7 � , � O O �b - CITY of ORONO � � � . �,� G'�F . . . RESOLUTION OF THE CITY COUNCIL � ��ESII�4��' . � � � NO. � �2 � �a ' � . I. The site has historically been used as a snowmobile access to Stubbs Bay. The Luce Line Trail located north of the bay is open for snowmobile use west of Stubbs Bay Road. The access is the link between Lake Minnetonka, the Luce Line and Stubbs Bay Road. 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 traff'ic 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 an access . � . trail to provide public access to the City dock 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 property, nor will its use depreciate surrounding property values and that the proposed level of use of the progerry will be in keeping with the intent and objectives of the Zoning Code � and Comprehensive Plan of the Ciry. . 6. � The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDEA ANI2 CONI9ITIOleTS � Based upon one or more of the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (1) to permit an access trail within the 0-75' lakeshore setback to provide public access to the City dock located on the North end of Stubbs Bay and grants a conditional use permit per Section 10.03, Subdivision 19 to allow less than 400 cubic feet of wetland to �� permit an access to the public dock, subject to the following conditions: - � � Page 3 of 4