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�T CITY OF ORONO <br /> �O1 VO RESOLUTION OF THE CITY COUNCIL <br /> ti �,4" NO. 7562 <br /> e <br /> tAkESHO0' <br /> NOW,THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby approves the requested variance as described above based on one or more of the <br /> following findings of fact concerning the Property: <br /> FINDINGS OF FACT: <br /> Al. This application was reviewed as Zoning File #LA24-000067. The analysis contained <br /> within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br /> above-mentioned meetings, and any and all other materials distributed at these meetings <br /> are hereby incorporated by reference. <br /> A2. The Property is located in the LR-1 C (One-Family Lakeshore Residential) Zoning District. <br /> A3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br /> Quality Overlay District, and the applicant is proposing 24.9% hardcover with this project. <br /> A4. Applicant has applied for an average lakeshore setback variance. <br /> A5. In considering this application for a variance, the Council has considered the advice and <br /> recommendation of the Planning Commission and the effect of the proposed variance <br /> upon the health, safety and welfare of the community, existing and anticipated traffic <br /> conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br /> of property in the surrounding area. <br /> VARIANCE ANALYSIS: <br /> B1. Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance; the Average Lakeshore Setback (ALS) makes the <br /> development'and improvement of the Property and existing house challenging. The <br /> proposal does not significantly encroach into the lake views of the adjacent owners along <br /> Lake Minnetonka, meeting the intent and purpose of the Ordinance; and <br /> B2. Variances shall only be permitted when consistent with the comprehensive plan; the <br /> proposed variance to construct a deck as an accessory use to a single-family residence <br /> is permitted within LR-1 C zoning and is consistent with the comprehensive plan; and <br /> B3. Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in <br /> connection with the granting of a variance, means that: <br /> a. The property owner in question proposes to use the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls; the request to <br /> 2 <br />