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serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preser\e 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 />5. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City stall, comments <br />by the applicant and the effect of the proposed variance on the health, salety 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 variances to Municipal Zoning Code Section 10.03. Subdivision 14 (C) and 10.22, <br />Subdivision 2 to permit the reconstruction of a 38’ .\ 10' deck and stairs to the lakeside of the <br />existing residence and approves a structural coverage variance of 332 s.f or 3.6%. a hardcover <br />variance in the 0-75’ setback area at 370 s.f or 8% and a hardcover variance in the 75-250' <br />setback area at 2.662.5 s.f or 58.7%, subject to the following conditions: <br />1. All hardcover improvements as shown on the attached survey as Page___of <br />this resolution shall be removed prior to the footing inspection for the new <br />construction. <br />2. Authorities granted by this resolution run with the property not with the <br />applicant, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (December 11. 1996). <br />3. Violation of or non-compliance with any of the terms and conditions of this <br />variance shall constitute a violation of the zoning code, shall automatically <br />terminate any authority granted herein, and shall be punishable as » <br />misdemeanor. <br />Page 3 of 5