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r <br />4. <br />5. <br />A. The zoning lot is .91 acres and does not meet the minimum lot size <br />requirements. <br />B. The zoning lot is irregular in shape with steep topography along the <br />shoreline. <br />C. There is a 25' utility easement across the lake front of the property. <br />D.The existing residence and deck are located forward of the average <br />lakeshore setback and encroaches approximately 10' into the required 75' <br />setback. <br />E.The existing hardcover in the 0-75' setback is 555.5 sq. ft. (3.9%) where <br />none is allowed. A stairway is needed to access the shoreline. <br />The City Council finds tliat 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 variances 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 and <br />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 an average lakeshore setback and lakeshore setback per Municipal Zoning Code Section <br />10.22, Subdivisions 1 and 2 and Section 10.56, Subdivision 16 (C) to permit replacement of <br />an existing deck and construction of a 12' x 16' room and screen porch over the deck with an <br />increase of hardcover in the 0-75' setback, subject to the following conditions: <br />Page 2 of 4 <br />J