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rwf. '^•4?' i <br />Vj-^-u City of ORONO <br />/^4y, <br />► .<}; * *7 <br />RESOLUTION OF THE CITY COUNCIL <br />NO. _24 74 _ _ <br />B) The existing structures were removed as a result of a severe <br />storm that eroded the lakeshore bank and had nothing to do with <br />the improper maintenance of the subject structures. <br />C) There have been no substantial changes in the Code since 1975 <br />when the LR districts and lakeshore standards were established. <br />In 1978, the City approved setback and hardcover variances for a <br />lakeshore deck located approximately 15' from the shoreline and <br />at 210 s.f. of hardcover. <br />D) The steep topography at 1*1 grades at the shoreline requires <br />special consideration for the residents of the property. <br />E) The applicant's physical limitation, as documented by his <br />personal physician's reportv would prevent his full enjoyment of <br />hia lakeshore property if the deck and shed were not restored to <br />the lower lakeshore elevations. <br />4. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicants and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this toning district; that granting the variance would not <br />Affect traffic conditions# ll9ht# sir nor poss s firs hszsro <br />or other danger to neighboring property; would not merely oo^ve as a <br />convenience to the applicants, but is necessary to alleviate a demon­ <br />strable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the <br />spirit and Intent of the Zonihg Code and Comprehensive Plan of the <br />City. <br />C0HCL08I0B8, ORDKR Al IITIOHS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants variances per Municipal Zoning Code Section <br />10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the <br />reconstruction of a lakeshore deck and shed installed under said deck <br />located 24* from the shoreline of Lake Minnetonka resulting in 165 s.f. or <br />3.9% of hardcover within the 0-75' setback area, subject to the following <br />conditions: <br />1. In order to prevent undermining of existing retaining wall <br />structure, run-off from the roof of the shed must be directed away <br />from the grade level of the retaining wall and drained to either a <br />drainage structure already within the retaining wall or via an <br />independent drainage tile. <br />Page 2 of 4 <br />I <br />i