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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �� 4' NO. 7498 li'EsH00" NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variance as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File#LA24-000035. The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference. 2. The Property is located in the LR-1A One Family Lakeshore Residential Zoning District. 3. The Property contains 12,735 square feet in area and has a defined lot width of 105 feet. 4. The Property is within Tier 1 and hardcover is limited to 35%according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variances: a. Side Yard Setback b. Rear Yard Setback 6. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance . . . ." The subject property is substandard in size and width and contains a home that is nonconforming to the required setbacks. The home does not have a deck currently, and the construction of any deck on the rear of the home would require a variance. The home is currently 42 feet from the rear property line and the required setback is 50 feet. The proposed setback of 24 feet for both the rear and side yard setback is reasonable in respect to the lot's substandard size. The proposal is well below the hardcover maximum of 35%. The request to develop a deck on a substandard lot is in harmony with the general intent of the Ordinance. This criterion is met. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The variances allowing construction of a deck is consistent with the comprehensive plan. It 2