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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 3 3 6 <br />i. The proposed grading within the 75-foot setback area will not have an <br />adverse impact on surrounding lands. Drainage patterns for runoff leaving <br />the site will not be significantly altered. <br />j. The Applicant has provided a landscape plan which will serve to screen and <br />mitigate views of the retaining walls and stairs from the lake in a natural <br />manner. <br />4. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments by <br />the Applicants and the public, and the effect of the proposed variance and CUP <br />on the health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this Property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance and CUP 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 Applicants, but is necessary to alleviate a practical <br />difficulty; is necessary to preserve a substantial property right of the Applicants; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />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 grants a <br />variance to Orono Municipal Zoning Code Section 78-1680 to allow 703 square feet hardcover <br />where no hardcover is permitted in conjunction with construction of a new, meandering lake <br />access stair with retaining walls within 75 feet of the OWHL of Lake Minnetonka; variances from <br />Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new, <br />meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake <br />Minnetonka to replace an existing above grade minimal stair; and a CUP pursuant to Orono <br />Municipal Zoning Code Section 78-966 to allow grading to fill the void behind the rebuilt boat <br />house, for construction of new retaining walls and stair system and landscape plantings within <br />the 75-foot setback; subject to the following conditions: <br />• Council approval is based on the survey, boat house plan and landscape plan submitted <br />by the Applicant and annotated by City staff, attached to this Resolution as Exhibits B, C <br />& D. Any amendments to the approved survey/site plan which are not in conformity with <br />City codes will require further Planning Commission and City Council review. <br />Page 3 of 5