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-cLpAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7364 <br /> kESHO-- <br /> relationship between the existing home and the setback of the homes on adjacent <br /> properties creates difficulties for the Applicants. <br /> B10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Granting the average lakeshore setback variance <br /> preserves the Applicants' rights to views and enjoyment of the lake enjoyed by other <br /> lakeshore property owners. <br /> B11."The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> requested variance in this unique situation is not contrary to the intent of the zoning <br /> chapter. <br /> B12."The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty."The majority of the homes along this <br /> channel are situated approximately 75 feet to 125 feet from the lake; constructing a home <br /> behind the average lakeshore setback would be out of character for the immediate <br /> channel lakeshore neighborhood. The requested variance would not merely serve as a <br /> convenience to the Applicants. <br /> CONCLUSIONS, ORDER AND CONDITIONS: <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home <br /> lakeward of the average lakeshore setback; subject to the following conditions: <br /> Cl.Council approval is based on the entire record, above Findings. <br /> C2.The approved home location shall conform to all Zoning requirements with the exception <br /> of the average lakeshore setback as depicted on the attached Exhibit B. Further, the <br /> home footprint is not limited to that which is shown in Exhibit B. <br /> C3.Any development of the Property which is not in conformity with City codes may require <br /> further Planning Commission and City Council review. <br /> C4.Variance approval is subject to the recording of the boundary line adjustment according <br /> to the Subdivision Exception Certificate LA23-000018 with Hennepin County. No <br /> construction will be permitted prior to the Subdivision Exception being successfully <br /> recorded with Hennepin County. <br /> 4 <br />