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