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5. <br />The Orono Plaiming C <br />1994, and tccommendcd <br />following Hndings: <br />Sion feviewcd this application on SqNcmber 19, <br />oval of the proposed variances has^ upon the <br />B <br />A deck and railing have existed tn this location for more dian four <br />decades. <br />The deck and railing k> he replaced are locMd 7.3* from the side lot line <br />where a 10’ side setback is required, and 65* from die shoreline where a <br />75* setback is normally required, and located lakeward of the average <br />lakeshoie setback as defined by neighboring lesidence structures. <br />RepUcemenl of the deck does not constitute a new encroachment into the <br />side or lakeshoie setbacks nor does k create a new view encroachment for <br />neighboring properties. <br />The proposed replacement nstilute new or A • ^ •il hardcover <br />on the property, although the existing hardcover is in excess of the zoning <br />district limits in each zone. <br />The City Council has considered this applkatkm including the findings and <br />recommendations the Plannii^ 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 />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not jq>ply generally to other property in this zoning district; that <br />granting the variance 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 applicam, but is necessary to alleviate a <br />deroonstraMe hardship or difficulty; is necessary to preserve a substantial property <br />right of the applicant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />Page 2 of 5