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•Oa-2935 <br />August 14.2003 <br />Page S of 5 <br />8 "The special conditions applying to the structure or land in question are peculiar <br />to such property or immediately adjoining property.” <br />The wetland nature of the shoreline visually suggests a 26 ’ wetland setback would <br />apply, but in fact this is lake shore by definition, so the 75’ setback applies. In the <br />opinion of staff this criterion is not met. <br />9."The conditions do not apply generally to other land or structures in the district in <br />which said land is located." <br />“Pte lakeshore setback and hardcover requirements apply to all lakeshore lots, in <br />the opinion ofstaff this criterion is not met. <br />10.“The granting of the application is necessary for the preservation and enjoyment <br />of a substantial property right of the applicant.” <br />In the opinion ofstaff this criterion is not met. <br />II."The granting of the proposed variance will not in any way impair health, safety, <br />comfort, morals, or in any other respect be contrary to the intent of the Zoning <br />Code." <br />Structure and hardcover within the 0~75' zone is contrary to the intent of the <br />code. In the opinion of staff this criterion is not met. <br />12."The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difficulty.” <br />There are reasonable options that would eliminate the need for variances. In the <br />opinion of staff this criterion is not met. <br />Issues for Consideration <br />1. Should the OHWL setback be applied in this situation? Wetlands immediately <br />lakeward of the 929.4 elevation are a characteristic typical of a relatively small <br />portion of Orono's Lake Minnetonka shoreline. <br />2. Have the applicants provided any supportive information that justifies the <br />variances? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />1. Approval of the additional structural coverage to accommodate the deck staircase. <br />2. Removal of all plastic or fabric landscape liner in planting beds. <br />3. Removal of all hardcover in the 0-75’ zone (1.7 % or 131 s.f to be removed <br />which includes the shed and retaining walls). <br />4. Removal of the shed in the 0-75’ zone. <br />5. Removal of additional hardcover to achieve the approved level of 4,464 s.f. per <br />prior approval. This constitutes the driveway that was supposed to be removed <br />per the building permit approval.