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,r . . <br /> � O� <br /> O O <br /> � ��b. � C ITY of ORONO <br /> . � ' ti <br /> '�' RESOLUTION OF THE CITY COUNCIL <br /> ��`�$E Iip4�'G NO. <br /> . S — <br /> 4. Variance for intensive vegetation clearing within 75' of the shoreline and in a bluff <br /> impact zone per Section 10.56, Subdivision 16(I); and <br /> WHEREAS,the City Council has reviewed the application; the recommendations <br /> of the City staff and the Planning Commission; and the comments and written statements submitted <br /> by the applicant. � <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br /> Minnesota hereby denies the requested conditional use permit and variances as described above <br /> based on one or more of the following findings of fact concerning this property: <br /> FINDINGS <br /> � • 1. The property is located in the B-2 Lakeshore Business District. <br /> 2. The property consists of 3.3 acres in land area, of which 1.86 acres is located east of <br /> Shoreline Drive and 1.44 acres is located west of Shoreline Drive. 72% of the <br /> property on the west side of Shoreline Drive is within 75' of the shoreline where <br /> hardcover, intensive vegetation clearing, and land alteration are prohibited by the <br /> Orono zoning code. , <br /> , <br /> 3. On the west side of Shoreline Drive, hardcover in the 0-75' zone is proposed to <br /> increase from .06%to 7.30%to accommodate the 25' wide access driveway at the <br /> north end of the proposed parking lot. In the 75-250'zone,hardcover is proposed to <br /> increase from 0%to 53.57%where only 25%hardcover is allowed. <br /> 4. The portion of property proposed for conversion to parking lot is by definition a <br /> bluff, based upon the following criteria: <br /> A. The feature lies within the shoreland district. <br /> B. The slope rises at least 25' ab.ove the OHWL (according to information <br /> submitted by the applicant the slope actually rises 40-45' above the OHWL). <br /> C. The grade from the toe of the bluff to a point 25' or more above the OHWL <br /> is greater than 30%. Based on the zoning code definition of"toe of bluff' the <br /> , grade is 63%, although at some locations it is 100% or a 1:1 slope. <br /> � D. The slope drains toward Lake Minnetonka. <br /> 5. The proposed excavation of approximately 5,000 cubic yards of earth would result <br /> Page 2 of 8 <br />