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17J <br />• <br />0 <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />4. The City Council reviewed this application at a regular meeting held on August 14, <br />2006 and on a vote of 3-0 directed City staff to draft a resolution for approval of the <br />lakeshore setback and average lakeshore setback variances. <br />5. The City Council makes the following findings in support of the requested variances: <br />a) The plat of French Creek was approved in 1985 as a Planned Residential <br />Development (PRD) which allowed the lots to be smaller than 2.0 acres, with <br />setback requirements of 35' front and rear, 25' sides. The existing home on <br />applicants' property was constructed in 1988,.at a time when French Lake <br />was considered for code administrative purposes as merely a wetland, <br />requiring only a 26' wetland setback for structures. The existing home was <br />constructed to be significantly more than 26' from the apparent wetland <br />boundary at that time and meeting all other City requirements. <br />b) In 1991 the Minnesota Wetland Conservation Act came into effect, <br />establishing delineation methods and development regulations with regards to <br />wetlands. In 1992 Orono adopted its Shoreland Ordinance pursuant to <br />requirements of the MnDNR, which henceforth defined French Lake as a <br />Natural Environment ("NE") Lake, requiring a 150' setback for strictures <br />from the OHWL. The OHWL was designated as elevation 930.0' after a <br />study of the French Lake basin by DNR officials. <br />C) The City Council in 1992 fully recognized that a number of existing homes <br />would become non -conforming as a result of the designation of French Lake <br />as "NE". The Council has since then granted a number of variances for <br />additions to existing nonconforming residences around French Lake, the <br />outcome dependent on the merits of each individual application. <br />d) The existing residence is a 2 -level walkout, approximately 35'x 80' with a 3 - <br />stall attached garage. The proposed 3 -level, 32' x 44' addition to the west <br />end of the existing residence extends the length of the house as viewed from <br />the north and south. The length of the house will expand from about 90' to <br />about 135'. Visually, it will expand the width and mass of the home as <br />viewed from across French Lake. Virtually the entire addition will be less <br />than 150' from the OHWL. <br />Page 2 of 7 <br />