11-22-2004 Council Packet - Laserfiche WebLink

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4.The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed renewal variance on the health, safety and welfare of the community. 5.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 renewal 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 applicants, but is necessary to alleviate a demonstrable hardship or di^culty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants renewal hardcover and lake setback variance to Orono Municipal Zoning Code Section 78-1288 (U) to allow a lakeside deck and adjacent retaining walls to remain in the 0-75 ’ zone, such deck and retaining wall constituting structure and 6% hardcover (excluding allowed stairway access) when no structure and 0% hardcover is normally allowed, subject to the following conditions: 1.Council approval is based on tlic site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. Hardcover in the 0-75 ’ zone shall not increase above the 6% level. Applicants are advised that any future requests to increase hardcover or change the nature of existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concunent reduction in existing hardcover. 3.Should at any point in time the retaining wall or deck need to be replaced, the lakeside deck must be removed in its entirely and shall not be replaced. Also, the slope must be re-vegetated with plant material approved by City stalf in the event that the deck is removed. As allowed by Section 78-1282, a 32 square foot Page 3 of 6 ill*Jii