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5 <br />180539 <br />186919v1 <br />proposed variances is not expected to cause any impairment to health, safety, comfort or <br />morals, and will be in keeping with the intent of the Zoning Code. <br />B12. β€œThe 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 following 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 />Planning Commission and City Council review. <br />2.The approved hardcover level of 48.9% shall be adhered to. Applicants shall remove all <br />hardcover items as proposed, including reconstruction of driveway to meet the approved <br />hardcover percentage. An as-built survey reflecting conformance to the approved plan <br />and hardcover limitation shall be submitted at the time of final inspection of the garage, <br />and prior to refund/release of the permit escrow. <br />3.The approved grading and drainage plan shall be carefully implemented to avoid impact <br />to neighboring properties. <br />4.Owners shall comply with the permitting requirements of the Minnehaha Creek <br />Watershed District. <br />5.Authorities granted by this resolution run with the Property not with the Owners, but are <br />permissive only and must be exercised by obtaining a building permit for the project and <br />commencing construction of said project within one year of the date of Council approval, <br />or the variances will expire on that date (December 14, 2016).