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demonstrable hardship or difficulty; is necessary to preser\e a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants variances <br />to Municipal Zoning Code Sections 10.22, Subdivision 1 and 2; 10.55, Subdivision 8; and <br />10.56, Subdivision 16(C) to allow the construction of a second story’ deck above an existing <br />enclosed p)orch, such deck constituting new construction located less than 75’ from the lake <br />where no temporary or permanent structures are normally allowed, and such deck constituting <br />an encroachment of the average lakeshore setback line where no encroachments are normally <br />allowed, subject to the following conditions; <br />1. Applicants shall adhere to the construction plans submitted with the application. <br />2. Applicants shall obtain a building pemiit for conversion of the existing roof to <br />a deck system. <br />3. <br />4. <br />Applicants shall remove the plastic or fabric liner from the 270 s.f landscape <br />area in the 0-75’ zone as indicated on the site plan attached to this resolution as <br />Exhibit A, such removals to be completed within 30 days of the date that a <br />permit is issued for the deck construction. <br />Hardcover in the 0-75’ zone shall be limited to the 12'x26.3 ’ existing porch and <br />12 ’xl6 ’ main floor level deck, comprising a total of 507 s.f. (6.1%) hardcover <br />in the 0-75’ zone. Hardcover in the 75-250’ zone shall be limited to the existing <br />25% level as shown in the hardcover calculations included on the site plan, <br />Exhibit A. Applicants are advised that the City will likely not approve <br />additional hardcover for this property, and any future proposal to increase <br />hardcover on the property might be approved only in conjunction with <br />concurrent removals of pre-existing hardcover, to result in no net increase or a <br />net decrease of hardcover on the property. <br />Page 3 of 6