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CITY of ORONO <br />RESOLUTION OF TI� CITY COUNCIL <br />NO. 6 3 2. <br />NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, <br />Minnesota: <br />FINDINGS <br />1. This application was reviewed as Zoning File #07-3259. <br />2. The property is located in the LR -1B One Family Lakeshore Residential Zoning <br />District, which requires minimum lot area of 1.0 acres and minimum lot width of <br />140'. The lot contains 0.65 acre in area, and is 131' feet in defined width at the <br />shoreline and 138' in defined width at the 75' lakeshore setback. There is no <br />additional land available for acquisition by the owners to allow the lot to be brought <br />into conformity. <br />3. The owners propose to remove the existing residence structure located 14' from the <br />street lot line where a 30' setback is required, and replace it with a new residence <br />structure that will be attached to the existing detached garage. The new residence <br />structure will meet all required setbacks. However, because the existing detached <br />garage is 9.1' from the side lot line where a 10' setback is required, a variance to <br />allow its attachment to the new home is required. Council finds that the impacts on <br />neighboring properties of maintaining this minimal 0.9' encroachment is negligible, <br />and that the proposed new space above the garage will not cause significant <br />additional encroachment of the side yard. <br />4. Hardcover on the property in the 0-75' zone consists primarily of portions of an <br />existing in -ground swimming pool, retaining walls and walkways/stairways. The <br />location of the pool within 75' of the shoreline is apparently the result of a <br />combination of factors that occurred during or after its construction under the current <br />zoning code, such factors potentially including errors of survey interpretation at the <br />time of building permit issuance and later shoreline erosion. The owners have agreed <br />to remove 0-75' hardcover that is not necessary to support the pool use, provide <br />lakeshore bank stability, or to provide access to the lake. The Council finds that the <br />pool is an existing amenity that cannot be easily relocated outside the 0-75' zone, and <br />further finds that the applicants have made a substantial effort to propose appropriate <br />hardcover removals and limit the size of the home commensurate with the lot size. <br />Proposed hardcover in the 75-250' zone consists of the proposed residence and <br />garage connection, driveway, sidewalks, retaining walls and portions of the pool. <br />Page 2of5 <br />