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t-✓ <br />necessary to preser\'c a substantia] property right of the applicant; and would be in <br />keeping with the spirit and intent ''‘'‘he Zoning Code and Comprehensive Plan of the <br />City. <br />6.The City Council has considerer this application including the findings and <br />recommendations of the Planning' Jommission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variances on the health, safety and <br />wcltarc of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Municipal Zoning Code Section 1 0.22, Subdivision l(B) and 2, Section 1 0.56, <br />Subdu'ision 16(C), Section 10.56, Subdivision 16(C)(6), Section 10.56, Subdivision 16(I.)(l)and(2) <br />to allow' construction of a new second story to the existing ’'ouse to be 62* from the 01IWL of Lake <br />Minnetonka where 75 ’ is required, a screen porch to be 70 ’ from the OHWL where 75 ’ is required, <br />an average lakeshore setback encroachment of 17 ’, to allow 1 ,21 5 s.f. (1 O^o) hardcover in the 0-75' <br />setback zone w here 0 s.f. (0%) is allowed, to allow 9.092 s.f. (33%) hardcover in the 75-250 ’ setback <br />zone where 6.866.25 s.f (25%) is allowed. Approval is subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant attached to this <br />resolution as Inhibit B. Any amendments to the site plan may require further <br />Planning Commission and City Council review. <br />2.If it is determined the existing foundation which is located within the 75' lake yard <br />setback is required to be replaced, all variance approvals shall be withdrawn by the <br />City of Orono and a new variance application shall be submitted by the applicant. <br />3.There shall not be anymore encroachment into the average lakeshore setb,»ck by <br />future additions or remodeling. <br />In order to meet the hardco\er levels approved by this resolution, the applicant shall <br />remove 515 s.f of hardcover in the 0-75 ’ setback zone prior to final inspection. The <br />removals shall iioclude 128 s.f from the ground level (lakeside) patio, the <br />shuftleboard deck and brick pavers around the shuftlebi^ard deck. <br />Page 3 of 8 <br />4 <br />i