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4. The Orono Planning Commission reviewed the original <br />application #1363 on January 17, 1989 and February 21, 1989, <br />and recommended approval of the applicants' revised request <br />for variances and a conditional use permit based on the <br />following findings: <br />A) Hardcover is being totally removed from the <br />northerly 0-75' zone and is not increasing in the <br />southerly 0-75' zone. This is a substantial benefit to <br />the property and to the neighborhood in regard to <br />quality of runoff entering Lake Minnetonka. <br />B) The hardcover increase in the 75-250' zone from <br />26.5% to 31.9% is justified by removals in the 0-75' <br />zone, which yield a reduction from 8.8% to 0% hardcover <br />in the northerly 0-75' zone. All of the proposed <br />hardcover is necessary to preserve the substantial <br />property rights of the owners in developing this <br />property. <br />C) The average lakeshore setback encroachment of 2' is <br />appropriate given that the actual views of the lake <br />enjoyed by neighboring property owners will <br />substantially increase as a resu 1 t of remova 1 of the <br />existing· house. Furthermore, encroachment of the <br />proposed house past the average setback line is <br />necessary to preserve an existing mature oak tree on <br />the property without redesigning the proposed <br />residence. <br />D) The variances requested are consistent with <br />variances granted for upgrade of other residences in <br />the Baldur Park neighborhood in recent years. <br />E) The unique elevated nature of the property in <br />relation to the surrounding properties, suggests-that <br />the residence must be located near the highest <br />elevation and further from the road in order to benefit <br />from the northerly view fo the lake, and therefore <br />requires a longer driveway with its associated <br />hardcover. <br />Page 2 of 6