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b. The applicant's request for a lake setback variance for a fence within 75' of the OHWL should be denied as there is no hardship to support the variance. 5. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 6. 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 property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 one or more of the above findings, the Orono City Council hereby denies variances to Orono Municipal Zoning Code Sections 78-282, 78-1279 Subdivision B, and 78-1288 for a fence, wooden boardwalk and deck within 75' of the OHWL of Lake Minnetonka, and hereby grants a variance to Orono Municipal Zoning Code Sections 78-1112, to allow grading and filling below 931.5' MSL, and a conditional use permit per 78-1114 Subdivision 2 for grading and filling below 931.5' MSL and a conditional use permit per Municipal Zoning Ordinance per 78-1366 for the construction of chimneys up to 40'8" in height, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibits B and C. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above 0%. Hardcover in the 75- 250' zone shall be limited to 23,855 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit B. Applicant is advised that any future requests to increase hardcover or change the nature of Page 3 of 6