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O O <br /> A;/v 0 4, <br /> _ I) <br /> CITY of ORONO <br /> * i fin C,� ' RESOLUTION OF THE CITY COUNCIL <br /> NO. 46713 <br /> \kES� <br /> A. Total hardcover within the 0-75' lakeshore setback would not exceed <br /> 1,120 s.f. (18%) that existed prior to removal of the previous deck. <br /> B. The previous deck had deteriorated and had become a safety concern. <br /> C. In 1983 the Council approved an automatic lot area variance that <br /> approved the lot as a record lot. The variance allows the lot to be used <br /> for one-family seasonal recreational use without a structure; or a single <br /> new seasonal dwelling may be built; or an existing seasonal dwelling <br /> may be used, improved and/or added onto; without requiring further City <br /> Council review of lot size. <br /> D. According to historic surveys and 1999 photos of the property the <br /> lakeside deck did exist and is similar in size and dimension to the <br /> replacement deck. <br /> 4. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variances would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> 5. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicant and the effect of the proposed variance on the health, safety and <br /> welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.56, <br /> Subdivision 16 (L) (1) to permit replacement of a 318 s.f. deck 32' from the OHWL of Lake <br /> Minnetonka, constituting structure and hardcover within the 75' lakeshore protection setback, <br /> subject to the following conditions: <br /> Page 2 of 5 <br />