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� � �::, � � Cit o� ORONO .-.� � • : � RESOLUTION OF THE CITY COUNCIL � �::`;� NO. 2474 • � � • • � B) The existing structures were removed as a result of a severe storm that eroded the lakeshore bank and had nothing to do with the improper maintenance of the sub�ect structures. . C) There have been no substantial changes in the Code since 1975 when the LR districts and lakeshore standards were established. In 1978, the City approved setback and hardcover variances for a lakeshore deck located approximately 15' from the shoreline and at 210 s.f. of hardcover. D) The steep topography at 1:1 grades at the shoreline requires special consideration for the residents of the property. E) The app licant's physical limitation, as documented by his personal physician's report, would prevent his ful 1 enjoyment of his lakeshore property if the deck and shed were not restored to the lower lakeshore elevations. ' ; 4. The City Council has considered this application including the : • findings and recommendations of the Planning Commission, reports by ; City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. � 5. The City Council finds that the conditions existing on this ,' property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not � adversely affect traffic conditions, light, air nor pose a fire hazard , or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to al leviate a demon- ,� strable hardship or difficulty; is necessary to preserve a substantial � property right of the applicants; and would be in keeping with the •' spirit and intent of the Zoning Code and Comprehensive Plan of the �� City. i �� CONCLIISIONS, ORDER AND CONDITIONS � Based upon one or more of the findings noted above, the Orono ,� City Council hereby grants variances per Municipal Zoning Code Section � 10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to permit the reconstruction of a lakeshore deck and shed installed under said deck ��' located 24' from the shoreline of Lake Minnetonka resulting in 165 s.f. or :a 3.9$ of hardcover within the 0-75' setback area, subject to the following '`:� conditions: - l. In order to prevent undermining of existing� retaining wa'll �� • structure, run-off from the roof of the shed must be directed away from the grade level of the retaining wall and drained to either a drainage structure already within the retaining wall or via an independant drainage tile. Page :�Z of 4