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��1 V CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�rq tiG` NO. 6443 kESH0 i. The Applicants have demonstrated that conforming to the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. j. The proposed grading within the 75-foot setback area will not have an adverse impact on surrounding lands. Drainage patterns for runoff leaving the site will not be significantly altered with review and oversight of the improvements by the City engineer. k. The Applicants have provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake in a natural manner. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance and CUP on the health, safety and welfare of the community. 5. 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 and CUP would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1680 to allow approximately 130 square feet hardcover within the 0 to 75-foot setback from Lake Minnetonka in conjunction with construction of a replacement retaining wall, and a new lake access stair with retaining walls and boulder outcroppings; and a variance from Orono Municipal Zoning Code Sections 78-1279 to allow construction of retaining walls and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading for construction of a new lake access stair with retaining walls, replacement retaining wall, and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka on the Property; subject to the following conditions: Page 3 of 5