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' t� O� . � O O � �� CITY of ORONO � ' -,..;. �� . RESOLUTION OF THE CITY COUNCIL �L�kESI3�g'�G NO. � � e� � � recommendations of the Planning Commission,reports by City Staff,comments by the applicants and the effect of the proposed variances on the health, safety and welfare of the community. CONCLUSIONS, ORDER,AND CONDITIONS � Based upon one or more of the above findings,the Orono City Council hereby grants variances from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (C)(1); Section 10.56, Subdivision 16 (L)(1); Section 10.56, Subdivision 16 (L)(2); Section 10.22, Subdivision 1 (B); and Section 10.56, Subdivision 16(C)(6); to replace an existing lakeside deck with a new lakeside deck of a different configuration over existing concrete patio with a lakeshore setback of 68.3' from the OHWL of Lake Minnetonka where 75' is required; 586 s.f. (6.7%)hardcover within the 0 to 75' lakeshore setback zone where none is permitted(no change from existing); 6 ,449 s.f. (52.3%)where 3,085 s.f. (25%) is permitted hardcover within the 75' to 250' lakeshore setback zone (no change from existing); and an encroachment of 22' into the average lakeshore setback; and denies a variance to Section 10.03, Subdivision i4(C), � • disallowing the proposed structural increase in structural lot coverage. Approval is subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and as amended by staff as attached to this resolution as Exhibit A. Any further amendments to the site plan may require further Planning Commission and City Council review. 2. Approval is subject to the following conditions: � a) The new deck may be up to 482 s.f. in size (or 83 s.f. larger than it currently exists)and still meet the maximum structural coverage(3,157 s.f. or 15%of the lot area) allowed on the lot, and meet the 68.3' lakeshore setback; and b) A revised deck plan meeting the approved conditions shall be submitted prior to issuance of a building permit for a new deck. 3 . Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on � that date (Apri128, 2004). 4 . Violation of or non-compliance with any of the terms and conditions of this • Pa e 3 of 5 g