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.� o,�,. O � O CITY of ORONO �� �-1 �;�' D+ RESOLUTION OF THE CITY COUNCIL �� G'�'� NO. � � 0 � �kEsHog'� j. The Appiicants have provided a landscape plan which will serve to screen and mitigate views of the retaining walls and stairs from the lake in a natural manner. 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 variance and CUP 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 generalfy to other property in this zoning district; that granting the variance and CUP would not adversely affect traffic conditions, fight, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, 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 78-1680 to allow 222.5 square feet hardcover where 80.4 square feet currentty exists; variances from Orono Municipal Zoning Code Sections 78-1279 and 78-1282 to allow construction of a new, meandering lake access stair with retaining walls to replace an existing above grade minimal stair; and a CUP pursuant to Orono Municipal Zoning Code Section 78-966 to allow grading in conjunction with construction of a new, meandering lake access stair with retaining walls within 75 feet of the OWHL of Lake Minnetonka and removal of buckthorn and the existing stairs within the 75-foot setback on the Property; subject to the following conditions: 1. Council approval is based on the survey, stair plan and landscape plan submitted by the App(icants and annotated by City staff, attached to this Resolution as Exhibits A, B & C. Any amendments to the approved surveylsite pfan 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 (imitations will afso be met. 3. Authorities granted by this resolution run with the Property not with the Applicants, but are permissive onfy and must be exercised by obtaining a permit for the walls and stairs and commencing construction of said project within one year of the date of Council approval, or the variance and CUP will expire on that date (August 12, 2014). Page 3 of 5