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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2098 - -- 18. In a letter dated December 8, 1986, D,,. Hanson advised the following: I have no objection discharging water `.nto a lagoon prior to release into Lake Minnetonka, proviaed ro rmal precautions against erosion, etc. are taken. 19. The discharge pipe has been placed to outlet into the lagoon/main lake as opposed to entering the adjacent wetlands because of the following reasons: a) There is a greater chance of the pipes freezing and making the system inoperable. b) There may be greater questions of safety or liabilities if discharge weakens ice or creates other hazards within the shared wetlands area. The lagoon area is contained within applicant's property. 20. 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 applican' but is necessary to alleviate a demonstrable hardship or diff: lty; 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. 21. The City Council finds that granting a conditional use permit to allow the installation of an underground drainage pipe for a geothermal heating and cooling system within the lakeshore protected area 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 in keeping with the intent and objectives of the 'Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, OFMER AJW CONDITIONS Basel upon one or more of the above findings, the Orono City Council hereby grants a conditional use permit per Municiapl Code Section 10.03, Subdivision 19 to William J. Ulrich to permit the installation of an underground pipe for the purpose of discharging water from a geothermal heating and cooling system located within the lakeshore protected area and a variance per Section 10.55, Subdivision 8 to permit excavation within; the lakeshore protected area subject to the following conditions: Page 4 of 6