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. �o�� <br /> ���� a� �R�N� <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��'l,� ti�'~ N O. � � T 5 <br /> kFSHo� <br /> 5) Regarding the side and rear setback variances, the Applicants' request is in harmony <br /> with the purpose and intent of the ordinance. <br /> 6) Regarding the side and rear setback variances, the Applicants' proposal is consistent <br /> with the comprehensive plan. <br /> 7) The City Council finds that the conditions existing on this Property are peculiar to it and <br /> do not apply gene.rally to other property in this zoning district; that granting the setback <br /> variances for the 2"d story addition over the garage would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring property; would <br /> not merely serve as a convenience to the Applicants, but is necessary to alleviate a <br /> practical difficulty; is necessary to preserve a substantial property right of the Applicants; <br /> and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> 8) With regards to the proposed deck, Resolution No. 4640, adopted in 2001, granted <br /> variances to the Property regarding the 6 foot side setback for the garage, the side <br /> setback variance allowing the second story and permitted 2,961 square feet (17.4% as <br /> adjusted based on current lot area calculations) of structural coverage. The approval <br /> allowed for the Property to continue to exceed the 15% structural limitation; however an <br /> increase in structural coverage was not approved at that time. <br /> 9) As part of the approval granted via Resolution No. 4640 a 750 square foot lakeside deck <br /> was removed and a 196 square foot screen porch was constructed in its place. <br /> 10)Granting of a variance for the proposed deck to permit additional structural coverage or <br /> massing on this Property above the allowed 15% and approved level of 17.4% is <br /> inconsistent with the goals and policies contained within the 2000-2030 Orono <br /> Community Management Plan. <br /> 11)The additional massing resulting from the proposed structural lakeside deck may alter the <br /> essential character of the neighborhood and would be inconsistent with the intent of the <br /> zoning code. <br /> 12)With regards to the proposed deck, the City Council finds that granting the structural <br /> coverage and hardcover variances for proposed deck would merely serve as a <br /> convenience to the Applicants, and that no practical difficulty exists to support these <br /> variances; approval of these variances is not necessary to preserve a substantial <br /> property right of the Applicants; and approval of these variances would not be in keeping <br /> with the spirit and intent of the Zoning Code and Cornprehensive Plan of the City. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota <br /> hereby grants a variance from Orono Municipal Zoning Code Section 78-350 to permit <br /> construction of second story addition 29.9 feet from the rear street property line; and a <br /> variance from Orono City Code Section 78-350 to permit construction of second story <br /> Page 4 of 7 <br />