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recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variances on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants variances <br />from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 <br />(C)(1); Section 10.56, Subdivision 16(L)(1); Section 10.56, Subdiv ision 16 (L)(2); Section <br />10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16(C)(6); to replace an e,xisting <br />lakeside deck with a new lakeside deck of a dificrent configuration over existing concrete patio <br />with a lakeshorc setback of 68.3 ’ from the OHWL of Lake Mrmetonka where 75’ is required; <br />586 s.f. (6 7%) hardcover within the 0 to 75’ lakeshore setback zone where none is permitted (no <br />change from existing); 6 ,449 s.f. (52.3%) where 3,085 s.f (25%) is permitted hardcover within <br />the 75’ to 250' lakeshore setback zone (no change from existing); and an encroachment of 22' <br />into the average lakeshore setback; and denies a variance to and Section 10.03, Subdivision <br />14(C), dis Jlowing the proposed sUuctural increase in structural lot coverage. Approval is subject <br />to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicants and as <br />amended by staff as attached to this resolution as Exhibit A. Any further <br />amendments to the site plan may require further Planning Commission and City <br />Council review. <br />Approval is subject to the following conditions: <br />a) The new deck may be up to 482 s.f in size (or 83 s.f larger than it currently <br />exists) and still meet the maximum structural coverage (3,157 s.f or 15% of the <br />lot area) allowcu on the lot. and meet the 68.3 ’ lakeshore setback; and <br />b) A revised deck plan meeting the approved conditions shall be submitted prior to <br />issuance of a buiiding permit for a new deck. <br />3.Authorities granted by this variance run with the property not with the applicants, <br />but are permissive only and must be exercised by application for a building permit <br />within one year of the date of Council approval, or these variances will expire on <br />that date (April 28,2004). <br />4.Violation of or non-compliance with any of the terms and conditions of this <br />Page 3 of 5