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���o <br /> C ITY OF ORONO <br /> I�ESOLUTION OF THE CITY COUNCIL <br /> � � <br /> � ~ U � � � <br /> �' �' N O. <br /> `�kESH��� <br /> i. The Applicants have demonstrated that conforming to the provisions of the <br /> Zoning Ordinance deprives the Applicants of the reasonable use of their <br /> Property. <br /> j. 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 with review and oversight of the <br /> improvements by the City engineer. <br /> k. The Applicants have provided a landscape plan which will serve to screen <br /> and mitigate views of the retaining walis 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 the above findings, the Orono City Council hereby grants a variance to <br /> Orono Municipal Zoning Code Section 78-1680 to allow approximately 130 square feet <br /> hardcover within the 0 to 75-foot setback from Lake Minnetonka in conjunction with construction <br /> of a replacement retaining wall, and a new lake access stair with retaining walls and boulder <br /> outcroppings; and a variance from Orono Municipal Zoning Code Sections 78-1279 to allow <br /> construction of retaining walis and boulder outcroppings within 75 feet of the OWHL of Lake <br /> Minnetonka; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow <br /> grading for construction of a new lake access stair with retaining walls, replacement retaining <br /> wall, and boulder outcroppings within 75 feet of the OWHL of Lake Minnetonka on the Property; <br /> subject to the following conditions: <br /> Page 3 of 5 <br />