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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 1983 <br />3. The Council reconfirms and once again adopts the special findings <br />noted in Resolution #1886 for this permit review. <br />4. Council wishes to restate the following specific findings in <br />granting the permit for this unique property: <br />a) The applicant's property consists of 2 separate parcels <br />divided by a public road. The properties can not be legally <br />combined. <br />b) The riparian tract was created in 1945 prior to the adoption <br />by the City of formal subdivision regulations, the riparian tract <br />is substandard per current zoning standards. <br />c) The properties are divided by a 66 foot public road right-of- <br />way. <br />d) The original owner of the property, Henry Skarp, created the <br />riparian tract specifically to provide riparian access for the <br />interior Lot 6. <br />e) The two properties have been recognized as one unit on a <br />Certificate of Title for several years. <br />f) The City of Orono staff has considered the property riparian <br />to Lake Minnetonka and has advised the previous and current owner <br />as such. <br />g) The proposed private use of the unused portion of right -of -.,Ay <br />of Ferndale Road West will not conflict with the public's use of <br />the roadway or create hazards in the public use of the road <br />right-of-way. <br />5. The Council has considered this application, reports by staff, the <br />written and oral comments of the applicant and applicant's agents and <br />the effect of the proposed use on the health, safety, and welfare of <br />the community. <br />6. The Council finds that granting a permit for the proposed private <br />use of a public property will not be detrimental to the health, <br />safety, or general welfare of the public, nor pose 3 fire hazard or <br />other danger to neighboring property, is necessary to preserve a <br />substantial property right of the owner; and would be in keeping with <br />the spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />Page 2 of 4 <br />