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convenience to the applicants, but is necessary to alleviate a demonstrable hardship <br />or difficulty; is necessary to preserv e a substantial property right of the applicants; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the Cay. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby denies <br />the after-the-fact variances to retain an 8'xI2' deck adjacent to the boathouse, but grants variances <br />to Orono Municipal Zoning Code Sections 78-281 (A) & (B); 78-282; 78-1279; and 78-1288 to allow <br />the construction of a 4*x7' walkway and 3' wide stairway to grade, located within 75' of the OHWL <br />of Lake Minnetonka where no structures or hardcover are normally allowed, and located lakeward <br />of the average setback line and within 2 feet of the side lot line where such structures are not <br />normally allowed, subject to the following conditions: <br />1.Council approval is based on the survey/site plan submitted by the applicants and annotated <br />by City staff, attached to this Resolution as Exhibit A. Any changes from the approved site <br />plan which are not in conformity with this approval or City requirements will require further <br />Plarming Commission and Cit> Council review. <br />2.The follow ing hardcover removals are required: <br />(0-75 zone) Concrete slab adjacent to accessory building (208 s.f.) <br />(75-250 ’zone) Concrete sidewalk at north side of house (132 s.f.+) <br />(75-250* zone) Fabric and plastic liner from all landscape areas (235 s.f.) <br />The above hardcover removals shall be completed no later than June 15,2004. <br />3.Hardcover on the property shall not henceforth exceed the limits as noted in this resolution <br />and as noted on Exhibit A. Applicants arc advised that any future proposals for additional <br />hardcover on the property will likely not be approved, but might be approved only in <br />conjunction with concurrent hardcover removals to result in no net hardcover increase on the <br />property. <br />4.Applicants are placed on notice that the 4'x7 walkvvay and accessory boathouse building are <br />nonconforming structures and subject to the pertinent ordinances limiting the degree of <br />future structural repair allowable for such structures. <br />Page 3 of 6 <br />ii&Mi