10-27-2003 Council Packet - Laserfiche WebLink

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convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council her''by denies the after-the-fact variances to retain an 8'.xl2' deck adjacent to the boathouse, but grants variances to Orono Municipal Zoning Code Sections 78-281 (A) & (B); 78-282; 78-1279; and 78-1288 to allow the construction of a 4'x7' walkway and 3' wide stairway to grade, located within 75* of the OHWL of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward of the average setback line and within 2 feet of the side lot line where such structures are not normally allowed, subject to the following conditions: 1.Council approval is based on the survey/site plan submitted by the applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any changes from the approved site plan which are not in conformity with this approval or City requirements will require further Planning Commission and City Council review. 2.The following hardcover removals are required: (0-75 zone) Concrete slab adjacent to accessory building (208 s.f.) (75-250* zone) Concrete sidewalk at north side of house (132 s.f. +) (75-250* zone) Fabric and plastic liner from all landscape areas (235 s.f.) The above hardcover removals shall be completed no later than June 15,2004. 3.Hardcover on the property shall not henceforth exceed the limits as noted in this resolution and as noted on Exhibit A. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved, but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 4.Applicant is placed on notice that the 4*x7 walkway and accessory boathouse building are nonconforming structures and subject to the pertinent ordinances limiting the degree of future structural repair allowable for such structures. Page 3 of 6 f