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should be asked for additional testimony regarding the application. Hardship Analysis FILE#06-3182 16 March 2006 Page 5 of 5 In considering applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Staff finds that with respect to the lot area and lot width variance requests as the area and width are significantly substandard there are hardships inherent to the land to justify granting these variances. Similarly with the lake setback and hardcover variance requests, there is not a reasonable buildable area in which to build a home with a conforming hardcover level and lake setback. However, the applicant has proposed two decks (one street-side and one larger one on the lake side) which account for a total of 308 s.f. of hardcover on the property. While staff does not necessarily feel that a deck is an inappropriate request, there may be justification to scale down or reduce the lakeside deck as proposed. Additionally, the City Engineer has reviewed the floodplain mitigation plan and has deemed it acceptable. Staff supports the conditional use permit for land alterations within the floodplain. As land alterations are proposed within the floodplain, the applicant must seek the necessary approvals from the Minnehaha Creek Watershed District. Issues for Consideration Are there any other issues or concerns with this application? Staff Recommendation Planning Staff recommends approval of the lot width, lot area, lake setback and some level of hardcover variances in conjunction with the redevelopment of this property. The applicant must receive approvals from the MCWD for the work below the 931.5' elevation. Staff recommends approval of the conditional use permit for grading and fill within the floodplain incorporating the recommendations of the MCWD and the City Engineer. 5