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' r - • � �� ::� �. Ci.t of ORONO � � � �: .:� RESOLUTION OF THE CITY COUNCIL � NO. 2434 • � • � � 3. The property is approximately 2 plus acres in area. 4. The Orono Planning Commission reviewed this application on May 16 , 1988 , and recommended approval of the variances and Conditional Use permit as amenaed and based their approval on the following findings: . A) The fill project as amended by staff is consistant with other permits issued by the City under the Temporary Storm Damage Repair Ordinance. B) The proposed fill will allow the owners/applicants to maintain mature trees damaged with the shoreline erosion. C) The proposed rip-rapping of the shoreline will also protect a portion of the public easement that abuts the property on the east side. • 5. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do. not apply generally to other property . in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable 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. 6. The City Council finds that granting a conditional use permit to al low the filling of approximately 25 cubic yards of fill to land side of the proposed rip-rapping of the shoreline will not be detrimental to the hea lth, saf ety or genera 1 we 1 f are of the pub 1 ic, wou ld not adversely affect light, air nor pose a fire hazard or other danger to neighboring propert�es, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. , CONCI�OSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Counci 1 hereby grants variances to Municipal Zoning Code Section 10.22, •Subdivision 2 and Section 10.55, Subdivision 8 to allow filling within 75' of the shoreline of Lake Minnetonka and grants a conditiona:t use permit per Section 10.03, Subdivision 19 for filling in excess of 100 cubic yards, subject to the following conditions: Page 2 of 4 \ i