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r <br />1 <br />Approximately 744 s.f. of the hardcover within the 0- <br />75* setback area has been installed because of the <br />historic erosion problems of the steep lakeshoze bank <br />which was intensified at the time of the 1987 storms. <br />Applicant has provided written affidavits from <br />contractors and friends confirming that deck and gazebo <br />structure was constructed prior to the 1987 storm and <br />constructed sometime in the early '80s. <br />4.The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to <br />other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions# <br />light# air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant# but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />5.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 <br />effect of the proposed variance on the health# safety and <br />welfare of the community. <br />OOHCUISIOHS# OBDBR A1 iITZOHS <br />Based upon one or more of the above findings# the Orono City <br />Council hereby grants variances to Municipal Zoning Code Sections <br />10.22# Subdivision 1 (A) and Subdivision 2 to allow grade level <br />decking constructed without the benefit of a building permit to remain <br />resulting in an increase of 312 s.f. or 2% of hardcover in the 0*75* <br />setback area and 14 s.f. for timber retaining walls to border formal <br />planting area in lakeshore yard# subject to the following conditionst <br />1,All non-structural and structural hardcover improvements <br />scheduled for removal as sho«m on Page 7 of this resolution <br />shall be completed by June 1# 1993. Hardcover within the O*- <br />75* setback area shall remain at 3#799 s.f. or 25.3%. <br />Hardcover within the 75-250* setback area shall remain at <br />1#537 s.f. or 37.4%. <br />Page 2 of 7 <br />1 <br />^1