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r <br />r I <br />taFFanc^ <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />penalized by denial of the ability to replace that deck with a <br />terrace. <br />6. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />7. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />L <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to Municipal Zoning Code <br />Section 10.03, Subdivision 15 (C) to allow the proposed 6* high fence <br />where only a 3 1/2' high fence is normally allowed, and grants <br />variances to Section 10.22, Subdivisions 1 and 2 and Section 10.55, <br />Subdivision 8 to permit construction of a terrace partially located in <br />the 0-75' zone where no structure or hardcover is normally allowed, <br />and to allow hardcover in the 75-250' zone at a level of 41%, subject <br />to the following conditions; <br />1. Hardcover and structure in the 0-75' lakeshore setback zone <br />shall be limited to 425 square feet (2.6%) per the site plan <br />attached as Exhibit B. Any future proposed revisions to that <br />plan which result in a greater encroachment of the lakeshore <br />setback or increase hardcover above the approved limits, will not <br />be approved. <br />2. In the 75-250* lakeshore setback zone, applicant shall limit <br />hardcover to 6833 square feet or 41.0%. Applicant is advised <br />that the only increase above this amount in the 75-250' zone <br />would be by an equivalent reduction of the 425 s. f. of hardcover <br />allowed in the 0-75' zone. <br />Page 4 of 7