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6. <br />7. <br />8. <br />The granting of the requested after-the-fact variances would be contrary to the <br />provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A) with which <br />the applicants must first comply in order that variances be granted. The Council <br />finds that: <br />A.The property in question can be put to a reasonable use if used under the <br />conditions allowed by the official controls if the proposed variances are <br />denied. <br />B.The plight of the landowner is self-created by the increased hardcover <br />proposed for the new development of the property. <br />C.Granting of the proposed variances would appear to serve as a convenience <br />to the applicants to provide additional living space and an attached garage <br />when a garage exists on the property, and the applicants have not <br />demonstrated a reasonable hardship or practical difficulty acceptable to the <br />Citv Council. <br />The Orono Community Management Plan has addressed the issue of protecting the <br />water quality of Lake Minnetonka. One way of protecting the lake is to limit the <br />amount of hardcover on lots within the Shoreland Overlay District. The Shoreland <br />Overlay District is all property located within 1,000 feet of the 929.4 elevation, <br />Ordinary High Water Level of Lake Minnetonka (OHWL) and other protected lakes <br />and tributaries. Additional hardcover near the lakeshore of Lake Minnetonka would <br />prevent the direct absorption of rainfall into the ground. <br />The Orono Municipal Code requires all structures to meet a 75 foot setback to the <br />OHWL and meet the average lakeshore setback of adjacent residential structures. <br />The proposed plan would include a 34 fool encroachment into the average lakeshore <br />setback. The proposed house would be roughly 18 feet higher than the existing roof <br />line. The existing roof, when measured from the street side of the residence is <br />approximately 13 feet in height. The height and mass of the structure would impact <br />the view from adjacent properties. The purpose of the ordinance is to ensure a <br />consistent development, relating to setbacks from the lakeshore, and to protect <br />lakeshore views from adjacent properties. <br />Page 3 of 5