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0 <br /> O O CITY of ORONO <br /> RESOLUTION OF g1-}J SITT COUNCIL <br /> .. 4v <br /> �kESHoVw <br /> a. The Property contains 48,665 square feet in area and has a defined width of <br /> 109-feet at the lake and 172-feet at the 75-foot setback. <br /> b. The Property has a unique shape and is located at the northern most point of <br /> the channel which extends to Forest Lake. Due to the nature of the <br /> lakeshore the Property is somewhat disconnected from the lake proper. <br /> c. The location of the Applicants' home is partially ahead of the average <br /> lakeshore setback line. There is no conforming location lakeward of the home <br /> to construct a pool. <br /> d. The proposed patio, in-ground pool and walls will meet the 75-foot lake <br /> setback. <br /> e. The Property will conform to the hardcover limitations of a Tier 1 property. <br /> f. The construction of the home in 2011 triggered the establishment of a 50-foot <br /> wetland buffer and at the time the City required a 20-foot setback from the <br /> buffer for any structure. In 2013, the City's wetland regulations were <br /> amended to eliminate the City buffer requirement and established a 35' <br /> setback from the edge of a delineated wetland or a 10 foot setback from the <br /> edge of an established buffer for structures and hardcover. <br /> g. The upslope edge of the 50 foot wetland buffer extends 9' to 22' landward <br /> from the 75' setback line. <br /> h. The most lakeward proposed wall extends into an existing 20' utility <br /> easement which extends across the Property just west of the proposed pool. <br /> The proposed wall is a replacement of an existing wall in the same general <br /> location. The Applicants should enter into an Encroachment Agreement for <br /> any improvements constructed within the existing easement. <br /> i. The Applicants' request is in harmony with the purpose and intent of the <br /> ordinance. <br /> j. The Applicants have demonstrated that enforcing the provisions of the Zoning <br /> Ordinance deprives the Applicants of the reasonable use of their Property. <br /> k. The Applicants' proposed elevated patio is designed in a way which <br /> minimizes impact of the visual encroachment as opposed to the existing <br /> elevated deck. <br /> Page 2 of 5 <br />