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4. <br />D. <br />A. The existing residence to be removed is non-conforming in that it is less <br />than 30' from the side lot line and less than 75’ from the shoreline of <br />Lake Minnetonka. Further, the existing hardcover on the property is <br />excessive as compared to the hardcover limits imposed by the Orono <br />Zoning Code. <br />B. The existing residence will be removed and will be replaced by a new <br />residence structure including decks, sidewalks and driveway, all of which <br />meet the 75' lakeshore setback, 30’ side setbacks and 25% hardcover limit <br />within the 75-250' zone. The proposed site plan meets these requirements <br />within the confines of the existing substandard area and width lot. The <br />property, while in a 2 acre zone, is provided with municipal sewer which <br />eliminates any concerns about septic system needs. <br />C. The curved shoreline configuration results in the need for an average <br />lakeshore setback encroachment of 13' by the house and 19' by the decks. <br />Neither of the adjacent residence structures will have existing views of <br />the lake impacted by the proposed construction, and in fact their views <br />of the lake may be improved by removal of the existing house. <br />D. The City Engineer has reviewed and approved the proposed site grading <br />and drainage plans. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the elfect of the proposed variance on the health, safety and <br />welfare of the communiiy. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variances would not adversely affect trafllc conditions, light, air nor <br />pose aVire hazard or other danger to neighboring propertv" would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessarv' to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />Pace 2 of 5