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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6�J B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The code standards applicable to this property apply to all other property in the neighborhood However, most other properties in the the LR -1C district do not have the limitations imposed by close proximity to Lake Minnetonka to which the Applicants' property is subject. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The property owners wish to replace the existing home in substantially the same location and footprint as the existing home, while increasing the size of the home by adding second -story living space in the area of the existing one-story garage. Absent the variances, the home cannot be replaced except in kind, which would not solve the existing drainage issues nor allow for the desired additional living space. B 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting of the requested variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code. B12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variances will alleviate a practical difficulty created by the shape and location of the lot which cannot be resolved except by the granting of variances. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Zoning Code Section 78-350 in order to construct a new home on an existing lot of defined contiguous dry buildable area of 18,307 s.f. (0,42 acres) where the minimum lot size requirement is 21,780 s.f. in area; and a variance to Section 78-350 to allow said new home to located 18.1 feet from the street lot line where a setback of 30 feet is normally required; and a variance to Section 78-1279 to allow said new home to be located 34.8 feet from the shoreline of Lake Minnetonka where a setback of 75 feet is normally required; and a variance to Section 78- 1680 to allow hardcover associated with said new home to be located within 75 feet of the OHWL where no such hardcover is normally allowed, subject to the following conditions: 1. Council approval is based on the survey, site plan and building plans submitted by the Applicants, attached to this Resolution as Exhibit A. Hardcover on the property shall not exceed the levels shown on the proposed hardcover worksheet attached as Exhibit B. Page 5 of 6