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W__-;_ W_ City of ORONO RESOLUTION OF THE CITY COUNCIL m 2537 3. The applicant constructed the existing deck in the spring and summer of 1988 without the required building permit, in violation of the City's hardcover, lakeshore setback and average lakeshore setback ordinances. The deck that was constructed is only 55' from the shore- line of Lake Minnetonka, where a 75' setback is normally required. The deck encroaches 11' past the average lakeshore setback line where no encroachment is normally allowed. The deck increases the hardcover in the 0-75' lakeshore setback zone to 26.3% where no hardcover is normally allowed. 4. The applicant has demonstrated no adequate hardships to justify granting of after -the -fact variances to allow the structure to remain. 5. Granting of the after -the -fact variances would not enhance Orono's goal of maintaining the quality of water entering Lake Minnetonka. 6. Approval of after -the -fact variances for the deck would be inconsistent with contemporary variance approvals granted by the City. .7. The Planning Commission reviewed this application at their regular meeting of October -17, 1988 and voted 5 in favor, 2 against, to recommend denial of the after -the -fact variances, finding that: A. No hardship was .presented that adequately justifies the after -the -fact variances. B. Approval of the structure will not enhance the quality of water entering Lake Minnetonka. C. This application, if it had been before -the -fact, would likely have not been approved since approval would be inconsistent with past City practice in similar situations. 8. The City Council finds that because the residence has a front door which previously had a front step for access, which was removed to accommodate the deck, it is appropriate for the applicant to replace the front step as necessary to provide safe access to the house. Such front step structure and its associated hardcover shall not exceed 30 s.f. 9. After -the -fact approval cannot be granted because such approval would not meet the special conditions of Municipal Code Section 10.08, Subdivision 3 regarding demonstration of a hardship, as follows: A. The. property in question can be put to a reasonable use if used under conditions allowed by the official controls. Page 2 of 3