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j \ <br />CITY <br />OF I <br />ORONC^ <br />City of OROINO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2115_ _ _ _ __ <br />B) The concrete patio existing under the deck and stairway <br />area is proposed to be removed except for a walkway. The <br />applicant proposes to use very narrow spacing between the <br />deck boards for safety purposes. The deck and stairway are <br />at a second-story level. The deck and stairway should be <br />considered as hardcover. <br />C) The deck and stairway will be partially screened from <br />the lake by existing shrubbery. <br />4. The City Council reviewed the application on November 10, <br />1986 and tabled the application requesting applicant to reduce <br />the extent of variances needed. <br />5. The applicant subsequently submitted the proposal attached as <br />Exhibit A to this resolution. The Council finds that the <br />variances requested in order to construct the deck and stairway <br />per Exhibit A are justified per the findings of the Planning <br />Commission as noted herein. <br />C 'he City Council has considered this application including <br />thw bindings and recommendations of the Planning Commission, <br />rts by City staff, comments by the applicant and the effect <br />» t; ' proposed variance on the health, safety and welfare of the <br />mmu i ity. <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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.22, <br />Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the <br />construction of a deck and stairway constituting 0.16% hardcover in <br />the 0-75' lakeshore setback zone, constituting 37.6% hardcover in the <br />75-250* lakeshore setback zone, constituting a 3' structural encroach­ <br />ment into the 0-75' lakeshore setback requirement, subject to the <br />following conditions; <br />Page 2 of 4