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o.�,. <br /> 0 0 <br /> CITY of ORONO <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> SKoNO. 5 4 3 0 <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on January 17, 2006 and on a vote of 5-0 recornmended denial of the <br /> variances and conditional use permit, concluding that the deck relocation <br /> and addition of plumbing to a nonconforming building would be <br /> expansions of an existing nonconforming use. <br /> 4. The City Council reviewed this application at its regular meeting held on <br /> February 13, 2006 and on a vote of 4-0 concluded that the variances and <br /> conditional use permit should be approved, and directed City staff to draft <br /> a resolution documenting findings for approval. <br /> 5. The City Council makes the following findings with respect to this <br /> application: <br /> a. The old existing 16' x 16' detached deck is located 11' from the <br /> shoreline of Lake Minnetonka; the proposed replacement 16' x 16' <br /> deck will be 33' from the shore. <br /> b. Relocation of the deck will be associated with replacement of an <br /> existing lakeshore access stairway. This stairway is also proposed <br /> to be reconstructed to include appropriate landings, and it will be <br /> relocated further from the shore but still within the 0-75' setback <br /> zone. The stairway as proposed is an allowed encroachment <br /> within the 0-75' zone, and is required to provide reasonable access <br /> to the lower level and lakeshore. <br /> C. As a result of the peninsula nature of the property, the only portion <br /> of the lower yard more than 75' from the shore is a small 10'x20' <br /> triangle 90' west of the accessory building, and located in the 100- <br /> year floodplain below elevation 931.5'. At such location the deck <br /> would have minimal functionality. <br /> d. Overall hardcover on the site will be reduced by 64 s.f. in the 0-75' <br /> zone, a reduction from 10.22% to 10.16%. <br /> e. Council finds that the level of additional use of the site due merely <br /> to relocation and reconstruction of the deck does not rise to the <br /> level of expansion of a nonconforming use. <br /> Page 2 of 7 <br />