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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />N0. 6910 <br />NOW, THEREFORE, BE 1T RESOLVED that the City Council of Orono, Minnesota <br />hereby approves the hardcover variance pertaining to the lake access stair; and denies the <br />variances pertaining to the expansion of the nonconforming boathouse within the lake and <br />average lakeshore setbacks as described above based on one or more of the following findings <br />of fact concerning the Property: <br />FINDINGS OF FACT: <br />1. This application was reviewed as Zoning File #LA18-000076. The analysis contained <br />within staff memos and the exhibits attached to the aforesaid memos, all minutes from the <br />above mentioned meetings, and any and all other materials distributed at these meetings <br />are hereby incorporated by reference. <br />2. The Property is located in the LR-1 B, One Family Lakeshore Residential Zoning District. <br />3. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br />4. Applicant has applied for the following variance[s]: <br />a. Hardcover within 75-feet of the OHWL. <br />b. Setback variance within 75-feet of the OHWL for a building expansion. <br />c. Setback variance within the average lakeshore setback for a building expansion. <br />5. In considering this application for variances, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variances <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br />ANALYSIS: <br />1. "Variances shall only be permitted when they are in harmony with the general purposes <br />and intent of the ordinance .. .." The requested variances are to permit a building <br />expansion of a non -conforming structure in the lake yard. Lake yard construction <br />prohibitions are intended to maintain the natural lakeshore and encourage development <br />away from the lake. Additionally, the goals of the lakeshore setback requirement include <br />protecting views of the land from the lake. The requested variances to increase the height <br />of the existing structure are not in harmony with the Ordinance. The additional mass of the <br />proposed roof areas within the setbacks will increase the mass of the nonconforming <br />2 <br />