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3.The Planning Commission reviewed this application on June 21, 1999 and <br />recommended approval on a vote of 6 to 0. <br />4. The Planning Commission made the following findings of fact: <br />The deck is currently located within the 0-75' lakeshore setback area, <br />B. The proposed deck will be the same size, location, and dimensions as the <br />pre-existing deck it replaces. <br />C. Hardcover amount of 11.94% exceeds allowed amount of 0% in 0-75' <br />lakeshore setback. <br />D.The property contains excess hardcover generally, contained within a <br />number of decorative rockbeds lined with plastic sheeting, and it would <br />be appropriate to convert these rockbeds to non-hardcover. <br />Ihe City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty, is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 (A) and 2 and <br />Section 10.56, Subdivision 16 (L) (1) to permit construction of a deck to replace an existing <br />Page 2 of 5