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r � <br /> � O� <br /> O O <br /> , CITY of ORON4 <br /> � � .,,.�� , , �•. <br /> ti � <br /> RESOWTION OF THE CITY COUNCIL <br /> �' G s, � �. <br /> �9xESH�g'� NO. � � �:� '� <br /> 6. It is the intent of the Comprehensive Plan and Zoning Code to protect the water <br /> quality of Lake Minnetonka by limiting the amount of hardcover a lot contains. No <br /> hardship exists on this lot that would require additional hardcover. <br /> 7. The granting of the requested after-the-fact variances would be contrary to the <br /> provisions of Municipal Zoning Code Section 10.08, Subdivision 3 (A)with which <br /> the applicants must first comply in order that variances be granted. The Council <br /> finds that: <br /> A. The property in question can be put to a reasonable use if used under the <br /> conditions allowed by the official controls if the proposed after-the-fact <br /> variances are granted. A deck that encroaches 40' from the lakeshore was <br /> constructed with a building permit in 1984 that is located on the lakeshore <br /> side of the home. <br /> B. The plight of the landowner was created by the applicant constructing the <br /> deck without applying for a building permit,knowing he could not meet the <br /> established allowed hardcover. <br /> C. Granting of the proposed after-the-fact variances would appear to serve as a <br /> convenience to the applicants and the applicants have not demonstrated a <br /> reasonable hardship or practical difficulty acceptable to the City.Council. <br /> D. The conditions and Zoning Code limits imposed and existing on this property <br /> generally apply to all other land and structures in the zoning dishict in which <br /> this property is located as well as in adjacent residential zoning districts. <br /> 8. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission,reports by City staff,comments by <br /> the applicant and the effect of the proposed variance on the health,safety and welfare <br /> of the community. <br /> 9. As a result of the denial of after-the-fact variances,the aforementioned illegal deck <br /> must be removed within fourteen(14)days of the adoption of this resolution. <br /> Page 3 of 4 <br />