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' . � • Item#06-CC Agenda-09/25/201J , <br /> ' ' ' .. File#09-341/�7'otal Pages 20j ' <br /> �°� . � <br /> o . o . � <br /> � � .CITY of. UR4Nt.� � � . � <br /> � � <br /> � �� � <br /> � �G RESOlUTION OF TH�CIgT��UNCiL <br /> `�'ESI'X�� • � . N0. � . <br /> vi. The applicant has proposed vegetative buffezs on the pzoperty as <br /> shown on the submitted plans by Gzonberg �& Associates dated � <br /> . 10/OI/09. <br /> b. Approval of flie conditional use permit foz grading within the 0-75' setback <br /> fram the lake and floodplain mitigation based on the following findings; <br /> � i. Tb.e City Engineez indicates the proposed rearrangernent of the <br /> floodplain w.ill.not decrease the flood storage capaeity of the properiy. <br /> � 4. The City Council has considered this application including the findings and <br /> . recommendation of the Planning Commission,reports by City staff, conrimen.ts by <br /> 'the applicant and the public, and the effect of the proposed variance on the health, <br /> � . safety and welfare of the community. , � <br /> � 5. The City Council finds tha.t the conditions existing on thi.s property are peculiaz to . <br /> � • it and do not apply generally to other property in this zoning district;that granting <br /> the vari.ance would not adverseiy affect traffic conditions, light, sir nor pose a.fize . <br /> hazard or other danger to neighboring praperiy; would not•merely serve as a � <br /> : convenience to the applicant,but is necessary to alleviate a demonstrable hardslup <br /> or difficulty; is necessa�to pzeserve a substantial property right of the applicant; <br /> an.d 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 tha.t the proposed. land alteration allowed by the <br /> conditional, use pezmit would not be detrimental to the public health, safety or <br /> welfare,or materially in.jurious to properties or improvements in the vicinity. ' <br /> � CONCLUSIONS, ORDER ANll CONDITIONB � <br /> Based upan one or more of the above findings, the•Orono City Council.herehy grants the <br /> 'following: a variance to Orono Municipal Zozung Code Section 78-305 to allow construction o£ <br /> a new residence on a lot 1.27 acres i�n area and that has 176' in width at the OHWL and 174' in <br /> width at the 75' setback from�iie OHWL where 2,0 acres and 200' of width is normally required; <br /> a variance to Ozono Municipal Zoning Code Section 78-1279 to a11ow construction of a new <br /> residence with portions of the home ahead of the average lakeshore setback, and is proposed.to <br /> be Io�ated 44.9'.from the OHWL of Lake Mirinetonka where a 75' setback is normally required; <br /> variances to Orono Municipa� Zoni.ng Code Section 78-1288 to allow 16.2% kcardcover wzthin � <br /> fihe 0-75' setback from the Iake where 0% is allowed and Q% from the Iagoon vc�here 0% is <br /> Page 3 of 6 <br />