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