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• <br />ti <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />3052 <br />B. The structural improvement did not result in an <br />increase of hardcover within the 0-75' setback <br />area. <br />4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply <br />generally to other property in this zoning district; <br />that granting the variances would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not <br />merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />5. The City Council has considered this application <br />including the findings and recommendations of the <br />Planning Commission, reports by City staff, comments by <br />the applicant and the effect of .the variances on the <br />health, safety and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono <br />City Council hereby grants after -the -fact variances to Municipal <br />Zoning Code Sections 10.22, Subdivisions 1 and 2 and Section <br />10.23, Subdivision 6 (B) to permit a 16' x 26' deck constructed <br />to the lakeside of the existing residence requiring approval of a <br />lakeshore setback variance of 53' or 70.6%, a hardcover variance <br />within the 0-75' lakeshore setback area of 1,251.85 s.f. or 25.6% <br />and a side setback variance of 28' 6" or 95%, subject to the <br />fol lowing conditions: <br />1. Applicant is hereby advised that any plan to intensify <br />or replace existing lakeside deck shall require <br />approval of the City prior to construction. <br />2. Violation of or non-compliance with any of the terms <br />and conditions of this variance shall constitute a <br />violation of the zoning code, shall automatically <br />• terminate any authority granted herein, and shall be <br />punishable as a misdemeanor. <br />Page 2 of 4 <br />