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04-25-2005 Council Packet
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04-25-2005 Council Packet
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b. Due to the large lots, views to the lake enjoyed by adjacent neighbors <br />over the iqiplicants* property are already limited by vegetation and <br />distance, and the proposed pool will have little or no impact of further <br />limiting those views. <br />c. Substantial vegetation exists along the property boundary providing <br />screening to the neighbor to the south. <br />d. The neighbor to the north has a tennis court located much closer to the <br />lake than the imposed pool location. <br />e. The neighbor to the north does not have views to the lake over the <br />applicants property where the pool will be located as it is much higher <br />in elevation. <br />f. The curve of the shoreline around the east end of the Stubbs Bay limits <br />views to the lake, regardless of the location of the pool. <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of ^ proposed <br />variance on the health, safety and welfare of the community. <br />5. The City Council finds that the 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 variance would not adversely affect traffic <br />conditions, light, air nor pose a Are hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-1279 (6) to allow <br />construction of an in-ground pool on the lake side of the home closer to the lake than the <br />average lakeshore setback, subject to the following conditions: <br />Page 2 of 5
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