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4. <br />5. <br />a.The existing property currenil\ exceeds the allowable hardcover <br />limits. Certain existing landscape areas lined with fabric or plastic can <br />and should be made non-hardcover as a condition of variance <br />approval. <br />c. A deck currently exists partially within the 0-75 ’ zone and partially <br />within the 75-250 ’ zone. This deck has deteriorated and needs to be <br />replaced. <br />d. The existing deck currently encroaches 3’ into the required 75 ’ lake <br />setback. <br />e. The replacement deck is proposed to be of the same size as the <br />existing deck. <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 applicants 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 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 alTect 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 alle\ iate a demonstrable hardship or difficulty; is necessary to <br />preseiAe 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 variances to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 <br />(b) to allow an existing deteriorated deck to be replaced, subject to the following <br />conditions: <br />Page 2 of 5