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APPLICATION FOR VARIANCE <br />Attachment No. 1 <br />Page 2 <br />The structure, as existing at the time of the issuance of the Building Permit, stood on eight <br />6x6 posts. Attached to the posts were 6x6 beams, with the structure sitting on top of the beams. <br />The beams were attached to the sides of the posts and held in place by large bolts. The two most <br />northerly posts were located in Lake Minnetonka, as the lake exists in the summer of2003. It was <br />the intention of the builder to remove the two most northerly posts from the lake, straighten the next <br />set of posts, which over time had moved and were no longer vertical, and also to move the existing <br />6x6 crossbeams from the sides of the posts to the tops of the posts in order to raise the structure. <br />Raising the structure further above the lake level places the structure in compliance with Section <br />10.56, Subd. 16(D), Shoreland Management, of the Orono City Zoning Code. As the structure was <br />located within the Shoreland Overlay District, the minimum elevation of the lowest floor must be <br />at least three feet above the ordinary high water level. It should be noted that the materials being <br />used were the original posts, as well as the original 6x6 crossbeams, with the only addition to the <br />foundation being the installation of new metal “L” brackets and bolts to hold the crossbeams in place <br />and prevent lateral migration of the posts when the budding was placed back on the foundation. <br />It is the Applicants’ position that the alteration would substantially reduce potential flood <br />damage for the entire structure and, thus, not be subject to any limitation on costs, as allowed by <br />Orono City Code Section 10.55, Subd. 26(B). It is further the Applicants’ position that the <br />continuing use of the structure as an accessory structure for storage and as a playhouse for their <br />children is a continuing allowed non-conforming use under the City Ordinance. Section 10.55, Subd. <br />26 states: <br />Non-conforming Uses. A structure or the use of a structure or <br />premises which was lawful before the passage or amendment of this <br />Section but which is not in conformity with the provisions of this <br />Section may be continued subject to the following conditions:... <br />B. No structural alteration or addition to any non­ <br />conforming structure over the life of the structure shall exceed 50 <br />percent of its value at the time of its becoming a non-conforming use, <br />unless the structure is permanently changed to a conforming use or <br />unless the alteration or addition would substantially reduce potential <br />flood damages for the entire structure....