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city of OR ONO RESOLUTION OF THE CITY COUNCIL NO. ZS31 4. The Orono Planning Commission reviewed the original application #1363 on January 17, 1989 and February 21, 1989, and recommended approval of the applicants' revised request for variances and a conditional use permit based on the following findings: A) Hardcover is being totally removed from the northerly 0-75' zone and is not increasing in the southerly 0-75' zone. This is a substantial benefit to the property and to the neighborhood in regard to quality of runoff entering Lake Minnetonka. B) The hardcover increase in the 75-250' zone from 26.5% to 31.9% is justified by removals in the 0-75' zone, which yield a reduction from 8.8% to 0% hardcover in the northerly 0-75' zone. All of the proposed hardcover is necessary to preserve the substantial property rights of the owners in developing this property. C) The average lakeshore setback encroachment of 2' is appropriate given that the actual views of the lake enjoyed by neighboring property owners will substantially increase as a result of removal of the existing house. Furthermore, encroachment of the proposed house past the average setback line is necessary to preserve an existing mature oak tree on the pliperty without redesigning the proposed resident e. U) The •ariances requested are consistent with variance: granted for upgrade of other residences in the Baldur Park neighborhood in recent years. E) The unique elevated nature of the lroperty in relation to the surrounding properties, suggests that the residence must be located near the highest elevation and further from the road in order to benefit from the northerly view fc, the lake, and therefore requires a longer driveway with its asscciated hardcover. Page 2 of 6