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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1886 <br />4. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by staff and comments of the applicant and applicant's <br />attorney and the effect of the proposed use on the health, safety <br />and welfare of th - community. <br />5. The City Council finds that granting a Conditional Use Permit <br />and Variance to allow the use of the property as a riparian lot <br />with an accessory dock not to be detrimental to the health, <br />safety or general welfare of the public, would not adversely <br />affect light air nor pose a fire hazard or other danger to neigh- <br />boring properties, nor will it depreciate surrounding property <br />values and that the proposed level of use of the property will be <br />in keeping with the intent and objectives of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a conditional use permit per Municipal Zoning <br />Code Section 10.03, Subdivision 5 and a variance per Municipal Zoning <br />Code Section 10.23, Subdivision 5 (A) to permit construction of an <br />accessory dock on a substandard lot that cannot sustain a principal <br />structure thereby establishing a legal non -conforming use of the <br />property, subject to the following conditions: <br />1. Execution of a special lot combination agreement recognizing <br />the use relationship with homestead lot and riparian lot. <br />2. Dock to be constructed per Lake Minnetonka Conservation <br />District regulations for existing lot (prior to 1970) with less <br />than 40 lineal feet of lakeshore and special conditions set <br />forth by the City in the use of the public right-of-way. <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this resolution shall constitute a violation of the <br />Zoning Code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />4. The undersigned applicant has read, understood and hereby <br />agrees to the terms of this resolution and on behalf of himself, <br />his heirs, successors and assigns, hereby agrees to the recording <br />of this resolution in the chain of title of the property. <br />Page 3 of 5 <br />