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CITY of ORONO RESOLUTION OF TI� CITY COUNCIL NO. 6 3 2. NOW, THEREFORE BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #07-3259. 2. The property is located in the LR -1B One Family Lakeshore Residential Zoning District, which requires minimum lot area of 1.0 acres and minimum lot width of 140'. The lot contains 0.65 acre in area, and is 131' feet in defined width at the shoreline and 138' in defined width at the 75' lakeshore setback. There is no additional land available for acquisition by the owners to allow the lot to be brought into conformity. 3. The owners propose to remove the existing residence structure located 14' from the street lot line where a 30' setback is required, and replace it with a new residence structure that will be attached to the existing detached garage. The new residence structure will meet all required setbacks. However, because the existing detached garage is 9.1' from the side lot line where a 10' setback is required, a variance to allow its attachment to the new home is required. Council finds that the impacts on neighboring properties of maintaining this minimal 0.9' encroachment is negligible, and that the proposed new space above the garage will not cause significant additional encroachment of the side yard. 4. Hardcover on the property in the 0-75' zone consists primarily of portions of an existing in -ground swimming pool, retaining walls and walkways/stairways. The location of the pool within 75' of the shoreline is apparently the result of a combination of factors that occurred during or after its construction under the current zoning code, such factors potentially including errors of survey interpretation at the time of building permit issuance and later shoreline erosion. The owners have agreed to remove 0-75' hardcover that is not necessary to support the pool use, provide lakeshore bank stability, or to provide access to the lake. The Council finds that the pool is an existing amenity that cannot be easily relocated outside the 0-75' zone, and further finds that the applicants have made a substantial effort to propose appropriate hardcover removals and limit the size of the home commensurate with the lot size. Proposed hardcover in the 75-250' zone consists of the proposed residence and garage connection, driveway, sidewalks, retaining walls and portions of the pool. Page 2of5