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�_ �-. <br /> � O� <br /> O O . <br /> , C ITY of ORONO <br /> � � <br /> ti <br /> '�' RESOLUTION OF THE CITY COUNCIL <br /> ��9ItE p4��'G NO. 4 � $ �3 <br /> SII <br /> 3. The Orono Planning Commission reviewed this application on October 19, 1998 <br /> and recommended approval by a vote of 5 to 0. <br /> 4. The Plannina Commission made the followina findings of fact: <br /> A. The deck was damaged on May 15, 1998 as a result of a wind storm <br /> causing a tree to fall on an existing deck. <br /> B. The deck was replaced in the same location and the same size as <br /> previously existed. <br /> C. The City does not have a building permit for the deck. The applicant <br /> has stated the deck �vas constructed in 1968. <br /> D. The property has pre-existed as a legal non-conforming duplex which the <br /> applicant has stated no longer exists. <br /> 5. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variances would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danaer to neighboring property; would not merely <br /> serve as a convenience to the applicants, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> 6. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicant and the effect of the proposed variances on the health, safety <br /> and ��•elfare of the community. <br /> CO\'CLUSIONS, ORDER AND CO\'DITIONS <br /> Based upon one or more of the above findin�s, the Orono City Council hereby <br /> grants variances to Municipal Zoning Code Section 10.?2, Subd. 1 (B) to permit the <br /> reconstruction of a residential deck 56' from the lakeshore ��•here 7�' is required; Section 10.?2, <br /> Subd. 2 and Section 10.56, Subd. 16 (L) (1) to permit 1,206 s.f. (2�.8%) hardcover where 2�% <br /> Page 2 of 4 <br />