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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7596 <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. The analysis contained within staff memos and the exhibits attached to the aforesaid <br />memos, all minutes from the above -mentioned meetings, and all other materials <br />distributed at these meetings 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 contains 1.2 acres in area and has a defined lot width of 154 feet at the 75- <br />foot setback and 142 feet at the OHWL. <br />A4. The Property is within Tier 1 and hardcover is limited to 25% according to the <br />Stormwater Quality Overlay District. <br />A5. Applicant has applied for an Average Lakeshore Setback Variance <br />A6. In considering this application for 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 />ANALYSIS: <br />B1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance ...." The proposed variance is in harmony with the purpose <br />of the Ordinance. The Property has established difficulties in its lakeshore character, the <br />site topography, and the orientation of adjacent homes. The average lakeshore setback <br />variance will not further impact views of the lake for adjacent properties. <br />B2. "Variances shall only be permitted ... when the variances are consistent with the <br />comprehensive plan." The proposed variance to rebuild an existing deck on the Property <br />in a more functional configuration is consistent with the comprehensive plan. <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 />59 <br />