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�°�o <br /> C ITY OF ORONQ <br /> RESOLUTION OF THE CI1Y COUNCIL <br /> � <br /> . <br /> �� �� :� � r � <br /> j�KFSHpR�" <br /> �' N O. <br /> B9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The properiy is unique in that very few lots in Orono of this size abut a <br /> creek that is considered as lakeshore, but this condition does affect other nearby lots along <br /> Eastlake Street which are subject to the same regulations. <br /> B10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The ability to have a garage would appear to be <br /> necessary for the preservation and enjoyment of any substantial property right. <br /> B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting of the <br /> proposed variances is not expected to cause any impaiiment to health, safety, comfort or <br /> morals, and will be in keeping with the intent of the Zoning Code. <br /> B 12. "The granting of such variance will not merely serve as a convenience to the applicant,but <br /> is necessary to alleviate demonstrable difficulTy." Granting the variances in order to have a <br /> minimum sized garage is necessary to alleviate a demonstrated practical difficulty. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants <br /> variances from Orono Municipal Zoning Code Section 78-1279(1) to allow construction of a <br /> detached garage located 19.5 feet from the OHWL of Lake Minnetonka where a 75 foot setback <br /> is normally required; and a variance to Section 78-1279(6) to allow said garage to encroach <br /> lakeward of the defined Average Lakeshore Setback Line where no encroachment is normally <br /> allowed; and a variance to Section 78-1405(6) to allow said garage to be located 6 feet from the <br /> side lot line where a 10' side setback is normally required; and a variance to Section 78-1680 to <br /> allow hardcover within 75' of the OHWL where no hardcover is normally allowed; and a <br /> variance to Section 78-1700(1) to allow 48.9% hardcover on this Tier 1 property where only <br /> 25%hardcover is normally allowed;subject to the followi.ng conditions: <br /> 1. Council approval is based on the survey and garage plans submitted by the Owners and <br /> annotated by City staff, attached to this Resolution as Exhibit A, and the approved <br /> hardcover calculation worksheet attached as Exhibit B. Any amendments to the <br /> approved survey which are not in conformity with City codes will require further <br /> Plaiu�ing Commission and City Council review. <br /> Page 5 of 7 <br />