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NOW, THERFFORE BE IT RESOLVED by ihc City Council of <br />Orono. Minnesota: <br />1. <br />2. <br />3. <br />FINDINGS <br />This application was reviewed as Zoning File #03-2936. <br />The property is located in the LR - 1C zoning district, which requires a <br />minimum lot area of '/j acre and a minimum lot width of lOU feet. The <br />applicants’ property is .49 acres and has a width of 60 feet. <br />The Planning Commission reviewed this application at a public hearing <br />held on August 18, 2003. The City Council reviewed the application at <br />regularly scheduled meetings held on September 8 and September 22. <br />2003 and granted conceptual approval of the hardcover variance for the 0- <br />75' zone based on the following findings: <br />a. The nature of the property in the 0-75 ’ zone is steep slopes being <br />supported by retaining walls. <br />b. Currently, the e.xisting lakeshore deck is bolted to a concrete retaining <br />wall which is supporting 8’ of earth. <br />c. After engineering reviews, the interdependency of the wall on the deck <br />is inconclusive; however. Council action to require removal of the <br />deck may have unintended negative consequences. Should the deck be <br />required to be removed and detached from the retaiiting wall, there is <br />the potential tlut the retaining wall may fail, subsequently causing <br />slope failure. <br />The existing conditions of the retaining wall and attached deck support <br />the slope. <br />e. Absent the unique conditions noted above, the lakeshore deck would <br />normally not be allow'ed to remain, as it is a nonconforming structure <br />and the property is undergoing a complete teardown/'rebuild of the <br />principal structure. <br />Page 2 of 6 <br />ii