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�o�o C ITY aF ORONO RESOLUTION OF THE CITY COUNCIL �� 4G � l r�o. -4kE s H o�ti vi. The applicant has proposed vegetative buffers on the property as shown on the submitted plans by Gronberg & Associates dated 10/O 1/09. b. Approval of the conditional use permit for grading within the 0-75' setback from the lake and floodplain mitigation based on the following findings: i. The City Engineer indicates the proposed rearrangement of the floodplain will not decrease the flood storage capacity of the property. ii. The history of site flooding was identified by the City of Orono during high water flooding conditions in June of 2014. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable practical 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 the proposed land alteration allowed by the conditional use permit would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-305 to allow construction of a new residence on a lot 1.27 acres in area and that has 176' in width at the OHWL and 174' in width at the 75' setback from the OHWL where 2.0 acres and 200' of width is normally required; a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new residence with portions of the home ahead of the average lakeshore setback, and proposed to be located 40.9' from the OHWL of Lake Minnetonka where a 75' setback is normally required; variances to Orono Municipal Zoning Code Sections 78-i288, 78-1680 and 78-1700 to allow Page 3 of 6 i