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a. The shape of the shoreline makes it impossible for any structures on <br />this property to meet the average lakeshore setback. <br />b. Neighbors’ views of the lake will not be negatively impacted by the <br />addition. <br />c. Hardcover in the 75-250’ setback zone will not change. <br />d. Lot coverage by structures will be 7.4%, well below the 15% limit. <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 applicant and the public, and the effect of the 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 (raffic <br />conditions, light, air nor pose a tire 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 2^ning Code and Comprehensive <br />Plan of the Citv. <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 10.22, Subdivision IB to <br />allow the construction of a deck addition, subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant and <br />annotated by City staff, attached to this Resolution as Exhibit A. Any <br />amendments to the site plan which are not in conformity with City codes or the <br />scope of this approval will require further Planning Commission and City Council <br />review. <br />2.Authorities granted by this resolution run with the property not with the applicant, <br />but are permissive only and must be exercised by obtaining a building permit for <br />the new construction within one year of the date of Council approval, or the <br />variance will expire on that date (July 28,2004). <br />3.Violation of or non-compliance with any of the terms and conditions of this <br />resolution shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as a misdemeanor. <br />Page 2 of 5