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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 4 6 7 3 <br />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