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• • • v. ON. O O == - CITY of ORONO i i 0 RESOLUTION OF THE CITY COUNCIL keswzA NO., 3117 3. The Orono Planning Commission reviewed this application on February 18, 1992 and April 20, 1992, and recommended approval of the variances as amended based upon the following findings: a) The 15' high lakeside banks shield the proposed deck from the views at lakeshore. b) The lakeside deck will not encroach the average lakeshore setback determined by the closest projections of the decks on the adjacent properties. c ) Location of view windows of applicant' s residence, location of mature trees within the side and lakeshore yard and location of a house to the immediate south are factors which limit the locating of deck on this property. d) The proposed deck will meet the Minnesota Department of Natural Resources 50' minimum setback for general development lake such as Lake Minnetonka. e ) Proposed detached garage shall encroach no closer within substandard street or side setbacks of current garage. 4 . 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 5