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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 1 9 ~ <br />a. The applicant's request for a lake setback variance for a fence within 75' of <br />the OHWL should be denied as there is no hardship to support the variance. <br />5. The City Council has considered this application including the findings and <br />recommendation of the Plam1ing Commission, reports by City staff, comments <br />by the applicant and the public, and the effect of the proposed variance on the <br />health, safety and welfare of the community. <br />6. The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />denies variances to Orono Municipal Zoning Code Section 78-1279 Subdivision B, for a fence, <br />and hereby grants a variance per Orono Municipal Zoning Code Sections 78-282 and 78-1288 <br />for a wooden boardwalk and deck within 75' of the OHWL of Lake Minnetonka, and a <br />variance to Orono Municipal Zoning Code Sections 78-1112, to allow grading and filling <br />below 931.5' MSL, and a conditional use permit per 78-1114 Subdivision 2 for grading and <br />filling below 931.5' MSL and a conditional use pennit per Municipal Zoning Code Section 78- <br />1366 for the construction of chimneys up to 40'8" in height, subject to the following <br />conditions: <br />1. Council approval is based on the site plan submitted by the applicant and am1otated by <br />City staff, attached to this Resolution as Exhibits B and C. Any amendments to the site <br />plan which are not in conformity with City codes will require further Plam1ing <br />Commission and City Council review. <br />2. Hardcover in the 0-75' zone shall not increase above 438 s.f. or 0.09%. Hardcover in <br />the 75-250' zone shall be limited to 23,855 s.f. or 25% per the proposed plan and <br />hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any <br />future requests to increase hardcover or change the nature of existing/approved <br />hardcover shall require City approval, and increases in hardcover will not likely be <br />approved without concunent reduction in existing hardcover. <br />Page 3 of 6