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B) The existing house encroaches 18* past the defined <br />average lakeshore setback line. The proposed two-story <br />addition only encroaches 12* past the average lakeshore <br />setback line, and is located such that only minor views <br />across applicant*s property toward a lagoon area of <br />Lake Minnetonka will slightly be diminished. The <br />Planning Commission finds that these views enjoyed by <br />the neighboring :-roperty are not diminished and that <br />neighboring property still has full view of the main <br />body of the lake. Furthermore, the neighboring <br />property owner has not expressed an objection to the <br />proposed addition. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to the Municipal <br />Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the <br />construction of a two-story addition resulting in hardcover in <br />the 75-250* zone of 27.34% where only 25% hardcover is normally <br />allowed, and allowing a 12* encroachment past the defined average <br />lakeshore setback line where no encroachment is normally allowed, <br />subject to the following conditions: <br />Page 2 of 5