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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 6 4 6 <br />residential areas. The pool located as proposed better serves the intent and goals of the <br />ordinance by minimizing visual impacts to the lake, maintaining maximum distance from <br />adjacent properties, and is located out of drainage ways. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter." Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals; nor <br />will it be contrary to the intent of the Code. <br />12. "The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable difficulty." The size of the Property; the <br />topography and location of the adjacent home to the north create practical difficulties <br />affecting the Property; the variances are necessary and not merely serve as a <br />convenience to the Applicants. <br />NOW, THEREFORE, BE IT RESOLVED that me City Council of Orono, Minnesota <br />hereby grants a variance from Orono Municipal Zoning Code Section 78-1279 to permit <br />construction of an in -ground pool approximately 25 feet lakeward of the average lakeshore <br />setback line; and <br />FURTHER, BE IT RESOLVED that the City Council hereby grants a variance from <br />Orono City Code Section 78-1279 to permit construction of an in -ground pool approximately <br />91 feet from the OHWL where a 100 -foot setback is required. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />The approvals for the pool stated above are subject to the following conditions: <br />a) Council approval is based on the site plan survey submitted by the Applicants and <br />annotated by City staff, attached to this Resolution as Exhibit B. Any amendments <br />to these plans may require further Planning Commission and City Council review. <br />b) Hardcover within the 0 to 75 foot zone shall not increase above the existing level of <br />471 square feet and hardcover on the Property must not increase above 25% as <br />permitted in Tier 1. Any changes to the plans or the Property which result in an <br />increase in hardcover above the existing or allowed levels are not approved as part <br />of this variance request. <br />c) Authorities granted by this resolution run with the Property not with the Applicants, <br />but are permissive only and must be exercised by obtaining a building permit for <br />