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City of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 2924 <br /> B) All of the existing house and deck are in the 0-75' <br /> zone. The applicants were granted a variance in 1981 <br /> for construction of an attached garage, such variance <br /> approval allowing 3,222 s.f. (15.1%) in the 0-75' zone. <br /> Per the hardcover calculations by applicants' surveyor, <br /> existing 0-75' hardcover currently is 3,233 s.f., <br /> within 11 s.f. of the amount previously approved for <br /> this property. <br /> C) Replacement of the old deck will result in a safer <br /> condition, since the old deck was deteriorating. <br /> D ) The applicants proceeded to construct the <br /> replacement deck without applying for the necessary <br /> variance or building permit. <br /> 4 . The City Council has considered this application <br /> including the findings and recommendations of the Planning <br /> Commission , reports by City staff , comments by the <br /> applicants and the effect of the proposed after-the-fact <br /> variances on the health, safety and welfare of the <br /> community. <br /> 5. The City Council finds that the conditions existing on <br /> this property are peculiar to it and do not apply generally <br /> to other property in this zoning district; that granting the <br /> after-the-fact variances would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other <br /> danger to neighboring property; would not merely serve as a <br /> convenience to the applicants , but is necessary to <br /> alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the <br /> applicants; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants after-the-fact variances to <br /> Municipal Zoning Code Section 10.22 , Subdivisions 1 and 2 and <br /> Section 10.55 , Subdivision 8 to permit the after-the-fact <br /> construction of a deck located in the 0-75' lakeshore setback <br /> zone where no structure or hardcover is normally allowed, subject <br /> to the following conditions: <br /> Page 2 of 5 <br />