Laserfiche WebLink
4. <br />5. <br />c. The existing grade level deck is located entirely within the lake <br />setback. <br />d. Any proposed change in the hardcover within the 0-75’ setback zone <br />requires a variance as the hardcover level in the area is non­ <br />conforming at 21.61 %. <br />e. The applicant is proposing to reduce the hardcover level by 52 s.f. with <br />the removal of Ae existing deck and adding a smaller stone patio to <br />achieve a level within the 0-75’ zone of 21.18%. <br />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 applicant and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />The City Council finds that the conditions existing on this property arc <br />peculiar to it and do not tqiply 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 fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicant, 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 tq>on one or more of the above findings, the Orono City Council hereby <br />grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivisions A and <br />B to allow a hardcover variance within the 0-75’ setback zone in order to reduce the <br />hardcover from 21.61% to 21.18% subject to the following conditions; <br />1. Coimcil approval is based on the site plan submitted by the iq)plicant and <br />annotated by City staff, attached to this Resolution as Exhibit B. Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2 . Hardcover in the 0-75 ’ zone shall not increase above the 2 1.18% per the proposed <br />plan and hardcover allowance summary as depicted on Exhibit B. Applicant is <br />advised that any future requests to increase hardcover or change the nature of <br />Page 2 of 5 <br />i