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- � o� <br /> o �, o <br /> ���-,�, CITY of ORONO <br /> � � � <br /> � � ,�' �4a'� '� <br /> � RESOLUTION OF THE CITY COUNCIL <br /> �L`9kEsHo4'�G No. �" F� ;� .�, <br /> �,, <br /> 5. The City Council nnds that the conditions existing on this property are peculiar to it <br /> and in some respects do not apply generally to other property in this zoning district; <br /> that granting the variance to allow retainin� wall construction on the house side of <br /> the road would not adversely affect traffic conditions,light,air nor pose a fire hazard <br /> or other danger to neighboring property; that the retainin�walls on the house side of <br /> the road would not merely serve as a convenience to the applicants but are necessary <br /> to alleviate a demonstrable hardship or dif iculty, and are necessary to preserve a <br /> substantial property right of the applicants; and such approval would be in keepin� <br /> with the spirit and intent of the Zoning Code and Comprenensive Plan of the City. <br /> 6. The City Council took action on July 14,2003 to deny the after-the-#'act variance for <br /> the retaining walls or_the iar:e side of the road and approve a variance for the walls <br /> on the house side of the road, and directed Staff to draft a resolution documentin� <br /> such action for adoption on July 28, 2003. <br /> CONCd.USION, ORDEK�1N� +Ct'�NDITI�nT� <br /> Based upon one or more of the above findings,the Orono City Council hereby deries <br /> a variance to Orono Municipal Zoning Code Sections10.22, Subd. 2; 1Q55, Subd. 8; and 10.56, <br /> S�.ibd. 16(L) to allo�v the construction of retaining���alls c�n the lake side of Fa�erness Point Road, <br /> lac2ted witnin 75' of the shere�f Lake 1V�ir.netonka,where no structures cr hardcover a:-e norma?iy <br /> a?lotived; and approves a variance to �Orono Municipal Zoning Code Sections10.22, Subd. 2; 10.55, <br /> Subd. 8; and 10.56 Subd. 16(L) to allow the construction of retaining wails on the house side of <br /> Fager�less Point Road, located within 75' of the shore of Lake Minnetonka, where no structures or <br /> hardcover ar�no��nally allowed, sut�ject to the following conditions: <br /> 1. The retaining walls already constructed on the south side of the road shall bz removed and <br /> the yard areas disturbed shall be regraded to a stable, maintainable slope and revegetated. <br /> 2. Applicants shail apply for and obtain a building permit if applicants choose to retain or <br /> construct a stairway�fmaximum 4'width to accommodate pedestrian access to the lakeshore <br /> on the south side of the road, as allo�ved by City Code. Such permit may include up to 10 <br /> cubic yards of t�psoil �ill for spreadin� in the distiirbed areas to assist in the revegetation <br /> required in condition 1. <br /> , <br /> Page 3 of 6 <br />