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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 15. 2 <br /> G <br /> kESH0 <br /> WHEREAS, on March 9, 2020, the City Council with a 4 to 0 vote, directed <br /> preparation of findings for denial of the after-the-fact variances; further the Applicant was directed <br /> to obtain after-the-fact building permits in order to remove the unpermitted improvements to the <br /> boathouse. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby denies the after-the-fact variances pertaining to the unpermitted improvements as <br /> described above based on one or more of the following findings of fact concerning the Property: <br /> FINDINGS OF FACT: <br /> 1. This application was reviewed as Zoning File#LA20-00005. The analysis contained within <br /> staff memos and the exhibits attached to the aforesaid memos, all minutes from the above <br /> mentioned meetings, and any and all other materials distributed at these meetings are <br /> hereby incorporated by reference. <br /> 2. The Property is located in the LR-1C, One Family Lakeshore Residential Zoning District. <br /> 3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br /> Quality Overlay District. <br /> 4. Applicant has applied for the following variance[s]: <br /> a. Hardcover variance to exceed 3,389 s.f. (26.3%) approved per Resol. No. 6796. <br /> b. 75-foot Lake setback variance. <br /> c. Hardcover within the 75-foot lake setback. <br /> d. Average Lakeshore Setback variance. <br /> 5. In considering this application for variances, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variances <br /> upon the health, safety and welfare of the community, existing and anticipated traffic <br /> conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br /> of property in the surrounding area. <br /> ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ."The variances for expansion of non-conforming structures <br /> in the lake yard are not supported by practical difficulties. Lake yard construction <br /> prohibitions are intended to maintain the natural lakeshore and encourage development <br /> away from the lake. Additionally, the goals of the average lakeshore setback requirement <br /> include protecting views from land into the lake, the requested variances to expand the <br /> Page 2 of 6 <br />