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r O O CITY Of 0- AV 'V RESOLUTION OF THE CITY COUNCIL t`9kES4� NO. r, NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono. Minriesota hereby denies the requested variances as described above based on one or more of the following findings of fact concerning this property: 1. The property consists of 2.2 acres, or 95,002 s.f. in land area. 2. Variances were granted in 2004 (Resolution Number 5206) on this property to permit construction of decks over existing concrete patios consisting of hardcover within the 0-75' setback of 7.8,,o or 1,532 s.f.. An existing concrete dog run consisting of 263 s.f. hardcover was not accounted for in Resolution No. 5206. The dog run is considered by the City Council as appropriate to remain on the property in its current location, but technically increases the allowed 0-75' hardcover to 9.1% or 1,795 s.f.. 3. The house was constructed prior to the adoption of the Shoreland Overlay District standards classifying French Lake as a Natural Envirornrient lake requiring a 150' structure setback. 4. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of French Lake by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would support a variance for additional hardcover. 5. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123, Subdivision A with which the applicant must first comply in order that variance be granted. The Council finds that: a. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. b. The variance, if granted, will alter the essential character of the locality. c. The special conditions applying to the structure or land in question are not peculiar to such property or immediately adjoining property. Page 2 of 3