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e' °47.0 CITY of ORONO RESOLUTION OF THE CITY COUNCIL ti ESH E. Applicant has proposed the removal of 84.4 s.f. of structural hardcover within the 0-75' setback area for 160 s.f. of new structural hardcover located within the 75-250' setback area. F. Applicant proposes the removal of 394.1 s.f. of non-structural hardcover to offset new structural hardcover (160 s.f. - 84.4 = 75.6 s.f.). 4. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance per Municipal Zoning Code Section 10.22, Subdivision 2 to permit the reconstructed decks and 8' x 20' deck addition to remain as constructed, subject to the following conditions: 1. All hardcover improvements scheduled for removal and as shown on Page 5 of this resolution shall be completed by October 15, 1993. Applicant shall be responsible for contacting building staff to confirm the removal of lakeshore shed and other non-structural hardcover by the specified deadline date. 2. Applicant and future owners are hereby advised that if a plastic underliner or geotechnic fabric is reinstalled within planter box area as shown on Page 5 of this resolution or if other areas of property are covered with plastic underliner or geotechnic fabric where excesses of hardcover already exist on the property that the City will require the immediate removal of the 8' x 20' addition to the deck on the north side of the residence as shown on Page 5 of this resolution. Page 2 of 5 Form 5005 Cua a..