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.� o,�,. O O CITY of ORONO � ^ �+ RESOLUTION OF THE CITY COUNCIL �'� /� ��`� No. � 4 � 1 t�kESHOg'� h. The Applicants' request is in harmony with the purpose and intent of the ordinance. i. The Applicants have demonstrated that enforcing the provisions of the Zoning Ordinance deprives the Applicants of the reasonable use of their Property. 4. The City Council has considered this application including the findings and recommendation of the Planning Cornmission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variances and conditional use permit 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 variances and conditional use permit 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 App(icants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 78-350 to allow construction of a new home on a property 16,612 square feet in area in the LR-1C zoning district where a minimum lot area of 21,780 square feet is required; a variance to Section 78-1279 to allow construction of a new home on the property as close as 52 feet from the OHWL of Lake Minnetonka where a 75-foot setback is required for structures; variances to Sections 78-1288 and 78-1680 to permit construction of a new home and hardcover improvements within 75 feet of the OHWL of Lake Minnetonka where no hardcover is permitted; and a conditional use permit pursuant to Sections 78-966 and 78-1286 to permit grading and filfing activities within the 75-foot setback from the OHWL of Lake Minnetonka in excess of 10 cubic yards on the Property; subject to the following conditions: 1. Council approval is based on the survey and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits B and C. Any amendments to the approved plans which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Proposed hardcover levels are conforming to the Tier 1 standards; no hardcover variances are granted. Structural coverage fimitations will also be met. Page 3 of 5