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WHEREAS, the City Council has reviewed the application; the recommendations <br />of the City staff and the Planning Commission; and the comments and written statements submitted <br />by the applicant. <br />NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br />Minnesota hereby denies the requested after-the-fact variances as described above based on one or <br />more of the following findings of fact concerning this property: <br />1. The property consists of .40 acre, or 17,472 s.f. in land area, of which 8,742 s.f. is <br />within a driveway easement and is not included in the lot area. The lot area for this <br />lot is 8,730 s.f. <br />2. <br />3. <br />4. <br />5. <br />The deck was built in 1996 without a permit. The applicant has indicated in the <br />Statement of Hardship no building permit was applied for because allowed hardco\ er <br />could not be met by the structure. <br />Variances were granted in 1995 (Resolution Number 3547) on this property to permit <br />construction of an addition to the existing residence 52 ’ from the lakeshore where 75’ <br />is required and to allow 22.2% hardcover in the 0-75' lakeshore setback where none <br />is normally allowed. The original proposal requested an encroachment within 50 ’ of <br />the lakeshore for a deck. The DNR recommended denial of the variance to allow any <br />structure or hardcover to within their 50 ’ setback for Lake Minnetonka. The deck and <br />other structure was removed from the plan or placed outside of the 50 ’ setback <br />following a denial recommendation by the Planning Commission. <br />A lakeside deck does legally exist within 50' of the lakeshore. It was constructed in <br />1984 and was allowed to remain upon approval of Resolution Number 3547. <br />The deck built in 1996 without a building permit is accessed from the residence by <br />a sliding glass door. The Code does allow, as a non-encroachment a 4' by 4’ landing <br />with stairs. <br />Page 2 of 4