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_ ��� <br /> � Q O <br /> � CITY of ORONO <br /> � <br /> � . � - - � <br /> , ti <br /> �'�L �G'�' RESOLUTION OFTH�E�IT�Y�OUNCIL <br /> `9k'ES�I�g' NO. <br /> 3. The Planning Commission reviewed this application at a public hearing <br /> held on April 18, 2005 and recommended approval of the side setback, <br /> lake setback and hardcover vaziances based on the following findings: <br /> . a. The property has 0.16 acre or 7,025 s.f. in area and 50' in width at the <br /> lake and 50' at the 75' setback from Lake Minnetonka. <br /> b. Over half of the applicant's property and half of the applicant's home <br /> are located within 75' of the OHWL. <br /> c. There is no additional land available for acquisition by the applicant to <br /> make the property conforming. <br /> d. The roof-top deck will not have a negative impact on light, air or open <br /> space within the neighborhood. <br /> • c i not out of character for the immediate <br /> e. The roof-top de k s <br /> neighborhood. <br /> f. The roof-top deck does not encroach further into the nonconforming <br /> lake or side setbacks than that of the existing house. <br /> 4. The City Council reviewed this application on May 9, 2005 and July 25, <br /> 2005 and approved the side setback, lake setback and hardcover variances <br /> based on the following findings: <br /> a. The deck as it exists is not inappropriate as long as its structural <br /> integrity and conformance to building code is confirmed. <br /> - b. The deck is appropriate only if other deck areas specifically the grade <br /> level deck portion lying nearer the lake that the average setback line is <br /> removed.. <br /> 5. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicant and the public, and the effect of the proposed <br /> variance on the health, safety and welfaze of the community. <br /> • <br /> Page 2 of 5 <br />