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C41)----°- 44 CCITY of ORONO <br /> a '; ` ,RVe.c., , RESOLUTION OF THE CITY COUNCIL <br /> zsuo <br /> WHEREAS, the applicant has concurrently applied for a conditional use permit pursuant <br /> to Orono Zoning Code Sections 78-966(a)(3) and 78-1286 to allow grading and filling of more <br /> than 10 cubic yards within the Shoreland Overlay District and to change the grade of lakeshore <br /> property; and <br /> WHEREAS, after due published notice and mailed notice in accordance with Minnesota <br /> Statutes and the Orono, Minnesota, City Code, the Orono Planning Commission held a public <br /> hearing on July 15, 2013, at which times all persons desiring to be heard concerning this <br /> application were given the opportunity to speak thereon; and <br /> WHEREAS, the Planning Commission subsequently voted 6-0 on a motion to recommend <br /> denial of the requested variances and CUP; and <br /> WHEREAS, the City Council has reviewed the application; the recommendations of the <br /> City staff and Planning Commission; and the comments and written statements submitted by the <br /> applicant and received from members of the public. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby denies the requested variances and conditional use permit as described above based on <br /> one or more of the following findings of fact concerning this property: <br /> 1. The detailed code and statutory analysis contained within that certain memo to the <br /> Planning Commission from Michael P. Gaffron dated July 11, 2013 is hereby <br /> incorporated by reference. <br /> 2. The Property consists of 0.22 acre, or 9,641 square feet in area in the LR-1B zoning <br /> district where the minimum lot size requirement is 1.0 acre or 43,560 s.f. <br /> 3. In past actions the City has generally denied lot area variances for vacant lots of area less <br /> than 10,000 s.f. <br /> 4. The Property has historically been assessed at a valuation significantly below that of a <br /> buildable lakeshore site. <br /> 5. The original plat designation as `Commons' strongly suggests that this site was originally <br /> platted as a neighborhood amenity rather than as an individual building site. <br /> 6. Factors that demonstrate the inconsistency of the applicant's proposal with the character <br /> of the surrounding neighborhood include: <br /> - The property at 0.22 acres is one-fifth the average size of developed residential lots <br /> within the immediate neighborhood. <br /> Page 2 of 3 <br />