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, r ' � <br /> � O� <br /> O O <br /> , CITY of ORONO <br /> `�! � .,r�� , , i•. <br /> '�' RESOLUTION OF THE CITY COUNCIL <br /> 't� G <br /> �9kESH0g� NO. � � s �� <br /> WHEREAS,the City Council has reviewed the application;the recommendations <br /> of the City staff and the Planning Commission;and the comments and written statements submitted <br /> by the applicant. <br /> NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, <br /> T-iinnesota.hereby denies the requested after-the-fact variances as described above based on one or <br /> more of the following findings of fact concerning this property: <br /> 1. The property consists of.40 acre,or 17,472 s.f. in land area, of which 8,742 s.f. is <br /> within a driveway easement and is not included in the lot area. The lot azea for this <br /> lot is 8,730 s.f. <br /> 2. The deck was built in 1996 without a permit. The applicant has indicated in the <br /> Statement of Hazdship no building permit was applied for because allowed hardcover <br /> could not be met by the structure. <br /> 3. Variances were granted in 1995(Resolution Number 3547)on this property to permit <br /> construction of an addition to the existing residence 52'from the lakeshore where 75' <br /> is required and to allow 22.2%hazdcover in the 0-75' lakeshore setback where none <br /> is normally allowed. The original proposal requested an encroachment within 50' of <br /> the lakeshore for a deck. The DNR recommended denial of the variance to allow any <br /> structure or hardcover to within their 50'setback for Lake Minnetonka. The deck and <br /> other structure was removed from the plan or placed outside of the 50' setback <br /> following a denial recommendation by the Planning Commission. <br /> 4. A lakeside deck does legally exist within 50'of the lakeshore. It was constructed in <br /> 1984 and was allowed to remain upon approval of Resolution Number 3547. <br /> 5. The deck built in 1996 without a building permit is accessed from the residence by <br /> a sliding glass door. The Code does allow,as a non-encroachment a 4'by 4' landing <br /> with stairs. <br /> Page 2 of 4 <br />