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The property has been previously developed prior to the adoption of the current zoning ordinance <br />and by reviewing existing and proposed site plans it is clear there is only a small legal building pad <br />on the property. Most of the lot exists within 75’ of Lake Minnetonka so it should be assumed to <br />develop the lot some structure and hardcover would be located within 75' of the lakeshore. <br />The hardcover calculation does not include hardcover that is located on the property for a lift station. <br />The lot has been credited for the 41 square feet of hardcover. *No utility easement has been granted <br />for the lift station installed on the property. <br />Varianr^; <br />STATEMENT OF HARDSHIP <br />Applicant ’s hardship is included with Exhibit C. The applicants should also be asked for their <br />testimony regarding this issue. <br />STAFF RECOMMENDATION <br />Staff recommends approval of the variances for the revised application based on the <br />following: <br />A. The property has been developed and used as a residential property for many years. <br />To complete the application it is a requirement the lots be combined to permit the <br />construction. <br />B. Most of the property is located within 75 feet of the lakeshore. It is nearly impossible <br />to locate a house outside of the 75 foot setback requirement without building on the <br />street right-of-way line. Other houses in the locality are located at comparable <br />setbacks from the lakeshore. <br />C. The City of Orono owns and maintains a lift station located on the property. The <br />City has a regular weekly inspection schedule for lift stations. It is reasonable to <br />expect a “buffer” between the house and the station based on regular inspections. <br />The City of Orono is also communicating with the applicants about obtaining an <br />easement for the lift station. It is not known why an easement was not recorded with <br />the project in the early 1970 ’s, but an easement should be recorded in favor of the <br />City. Lift stations tend to emit odors on occasion. The property owners need to <br />construct the house as far as reasonably possible from the street is to distance <br />themselves from the structure. <br />ft2336 Barbara and Collins Cav^nder <br />1393 1403 Rest Point Road <br />Variances <br />2 23 00 <br />Page A