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RESOLUTION OF THE CITY COUNCIL <br />NO. U g D <br />B10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The ability to replace the existing home is <br />necessary for the preservation and enjoyment of any substantial property right. <br />B11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter." Granting of the <br />Proposed variances is not expected to cause any impairment to health, safety, comfort or <br />morals, and will be in keeping with the intent of the Zoning Code. <br />B12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." Granting the variances in order to replace <br />the existing deteriorating home is necessary to alleviate a demonstrated practical difficulty. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />variances to Orono Municipal Zoning Code Section 78-1279(1) to allow reconstruction and <br />minor expansion of a residence and construction of a deck, such improvements located 49 feet <br />from the OHWL of Lake Minnetonka where a 75 foot setback is normally required; and a <br />variance to Section 78-1279(6) to allow said improvements to encroach lakeward of the defined <br />Average Lakeshore Setback Line where no encroachment is normally allowed; and a variance to <br />Section 78-350 to allow said improvements to be located 6.1 feet from the east side lot line <br />where a 10' side setback is normally required, and 21 feet from the street lot line where a 30' <br />street setback is normally required; and a variance to Section 78-1680 to allow hardcover within <br />75' of the OHWL of lake Minnetonka where no hardcover is normally allowed; subject to the <br />following conditions: <br />1. Council approval is based on the survey, site plan and construction plans submitted by <br />the Applicant and annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the approved plans which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Applicant shall remove all hardcover items as proposed in order to remain within the <br />25% hardcover limit for the property. An as -built survey reflecting conformance to the <br />approved plan and hardcover limitation shall be submitted at the time of final inspection, <br />Page 6 of 8 <br />