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, . <br /> . . <br /> . 1., 0 <br /> o o <br /> . - CITY of ORONO <br /> �11/�V 0RESOLUTION OF THE CITY COUNCIL <br /> ikEsKo4` <br /> FINDINGS <br /> 1. This application was reviewed as Zoning File#03-2876. <br /> 2. The property is located in the LR-1C Zoning District, where 0.5 acres is the <br /> minimum required lot area. The property consists of approximately 0.09 acres. <br /> 3. The Orono Planning Commission reviewed this application on March 17,2003 and <br /> tabled the application in order for the applicant to provide elevations depicting the <br /> height of the proposed structure.The Planning Commission heard the application for <br /> the second time on April 21, 2003 and recommended approval by a vote of 7 to 0. <br /> 4. The Planning Commission made the following findings of fact: <br /> A. The lot size and width are substandard for the zoning district; <br /> B. The property contains an existing residence; <br /> C. The majority of the lot is located within 75' of the OHWL of Lake <br /> Minnetonka. The required 30' setback from the rear lot line and 75' setback <br /> from the OHWL overlap, leaving no buildable area on the lot; <br /> D. The 100' of Dakota Rail right-of-way on the rear of the property is not in use <br /> as a rail corridor and is guided for a regional trail in the future. Therefore, a 5' <br /> setback from the rear lot line, rather than the 10' proposed, will not negatively <br /> impact land owners to the south and will allow for a reduction of the proposed <br /> encroachments of average setback and 75' setback; and <br /> E. The proposed house will encroach between 8'-11' into the average lakeshore <br /> setback whereas the existing house encroaches 9'. The neighboring views of <br /> the lake will not be greatly impacted by the proposed encroachment. <br /> 5. The City Council finds that the conditions existing on this property are peculiar to it <br /> and do not apply generally to other property in this zoning district; that granting the <br /> variances will not adversely affect traffic conditions, light,air,nor pose a fire hazard <br /> or other danger to neighboring property;would not merely serve as a convenience to <br /> the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the applicant; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> Page 2 of 6 <br />