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a. Because the wrought iron deck will be placed over existing mechanical <br />equipment, no further negative visual appearances from the lake will <br />result. <br />b. The mechanical equipment will restrict the deck from becoming <br />anything other than wrought iron, which is almost entirely permeable. <br />c. The deck will not be any closer to the lake than the existing lake yard <br />encroachments, which were approved by variance Resolution <br />H4604. <br />d. The removal of 100 s.f. of driveway within the 0-75 ’ zone with benefit <br />the lake much more than the addition of the proposed wrought iron <br />deck that is almost entirely permeable. <br />4. The City Council has considered this appl.cation including tlie findings <br />and recommendation of the P’anning Commission, reports by City staff, <br />comments by the applicant and tlie public, and the effect of tlie proposed <br />variance on the health, safety and welfare of the community. <br />5. The City Council finds that tl»e conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variimce would not adversely affect trafllc <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely seive as a conveivence to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is nece.ssary to <br />prc.serve a substantial j'roperty right of the applicant; and would be in <br />keeping with the spirit and intent of tlie Zoning Code and Comprehensive <br />Flan of the City. <br />CONCLUSIONS, ORDKR AND CONDITIONS <br />Ba.scd upon one or more of the above findings, the Orono City Council hereby <br />giants a variance to Orono Municipal Zoning Code Sections 78-1279 and 78-1288 to <br />permit construction ol a wrought iron deck within the lake yard requiring a 0-75 ’ zone <br />liardcover variance to permit lw.79% hardcover when 0% is normally allowed and <br />10.79% currently exists and also a lake setback variance to permit a lake .setback of <br />approximately 56 ’ when 75 ’ is normally required, subject to the following conditions: <br />Page 2 of 6