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H iiiiili ir <br />Zoning File #1353 <br />November 14, 1988 <br />Page 5 of 6 <br />Also note that the elevation of Lake Minnetonka (and the lagoon) on <br />Hovenber 8, 1988 was 926.02', or 3.38* (41*) below the nornal ordinary high <br />water level of 929.4'. <br />Disonssion - <br />Construction of this pool without obtaining a permit or any prior <br />approval, can only be considered a flagrant violation of Orono's codes, <br />regardless of the applicants' claim that they were unaware of the laws <br />governing development of lakeshore property. Staff is unaware of any <br />similar situation that has received appi oval before or after-the-fact in <br />contemporary times. In the instances where the City has approved <br />additional hardcover over and above that which pre-exists in the 0-75' <br />zone, the majority have allowed construction only along the lines of the <br />existing house ond no closer to the lake than the existing house. Staff is <br />unaware of any precedent situations where hardcover in the 0-75' zone was <br />increased from 10% to as much as 28% to construct accessory structure. <br />This property simply is not large enough tn contain the proposed pool <br />in the limits of what the code allows, nor within the paraFieters of the <br />hardcover variances which have been allcv/ed in hardship situations for <br />other properties in the City. Even if the dralnfield system does function <br />as proposed to mitigate the effects of the run-off, the setback variance <br />requested is an extreme variance compared to others that have been granted <br />in the City. <br />As noted above, approval for the construction of the pool maintenance <br />building 3' over a neighboring property line would be approval of a new <br />non-conforming structure, which the City cannot allow. There does not <br />appear to be any location within the boundaries of the property other than <br />in the driveway in front of the garage or in the street yard, which would <br />meet the setback standards for such a structure, i.e. 10' from side lot <br />line, 10' from any other structure, 30' from the street lot line, and no <br />clo8«c to the lake than the existing house. Tf the pool is allowed to <br />regain, applicants must relocate the pool maintenance and supply building. <br />W-m 9m