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district; that granting the variances 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 applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicants; 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 Sections 78-1279 Subdivision 1, 2, <br />and 3 and Orono Municipal Zoning Code Section 78-1288 Subdivision A to allow the re- <br />consti-uction of a deck 39 ’ from the OHWL where 75’ is required, S’ from the top of the <br />bluff where 30 ’ is required, and hardcover within the 0-75 ’ setback zone of 13.2% <br />(including the stairs to the lake) where 0% is normally allowed, subject to the following <br />conditions: <br />1. Council approval is based on the site plan submitted by the applicants 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 level of 13.2%. or <br />4,121.8 s.f.. Hardcover in the 75-250 ’ zone shall be limited to 11,658 s.f. or <br />16.4%, and hardcover in the 250 ’-500 ’ zone shall be limited to 14,646 s.f. or <br />27.4% per the proposed plan and hardcover allowance summary as depicted on <br />Exhibit B. Applicants are advised that any future requests to increase hardcover <br />or change the nature of existing/approved hardcover shall require City approval, <br />and increases in hardcover will not likely be approved without concurrent <br />reduction in existing hardcover. <br />3. Applicants shall remove all plastic or fabric liner material from the decorative <br />landscape beds on the property to ensure their permeability as non-hardcover <br />surfaces. <br />4. Required removals of structure and hardcover shall be completed by the footing <br />inspection for the proposed deck. <br />Page 3 of 6