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Cite of oRoNO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2537 <br />3. The applicant constructed the existing deck in the spring and <br />summer of 1988 without the required building permit, in violation of <br />the City's hardcover, lakeshore setback and average lakeshore setback <br />ordinances. The deck that was constructed is only 55' from the shore- <br />line of Lake Minnetonka, where a 75' setback is normally required. <br />The deck encroaches 11' past the average lakeshore setback line where <br />no encroachment is normally allowed. The deck increases the hardcover <br />in the 0-75' lakeshore setback zone to 26.3% where no hardcover is <br />normally allowed. <br />4. The applicant has demonstrated no adequate hardships to justify <br />granting of after -the -fact variances to allow the structure to remain. <br />5. Granting of the after -the -fact variances would not enhance Orono's <br />goal of maintaining the quality of water entering Lake Minnetonka. <br />6. Approval of after -the -fact variances for the deck would be <br />inconsistent with contemporary variance approvals granted by the City. <br />7. The Planning Commission reviewed this application at their regular <br />meeting cr October 17, 1988 and voted 5 in favor, 2 against, to <br />recommend denial of the after -the -fact variances, finding that: <br />A. No hardship was presented that adequately justifies the <br />after -the -fact variances. <br />B. Approval of the structure will not enhance the quality of <br />water entering Lake Minnetonka. <br />C. This application, if it had been before -the -fact, would <br />likely have not been approved since approval would be <br />inconsistent with past City practice in similar situations. <br />8. The City Council finds that because the residence has a front door <br />which previously had a front step for access, which was removed to <br />accommodate the deck, it is appropriate for the applicant to replace <br />the front step as necessary to provide safe access to the house. Such <br />front step structure and its associated hardcover shall not exceed 30 <br />s.f. <br />9. After -the -fact approval cannot be granted because such approval <br />would not meet the special conditions of Municipal Code Section 10.08, <br />Subdivision 3 regarding demonstration of a hardship, as follows: <br />A. The property in question can be put to a reasonable use if <br />used under conditions allowed by the official controls. <br />Page 2 of 3 <br />