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t <br />■5 <br />iki <br />B) All of the existing house and deck are in the 0-75’ <br />zone. The applicants were granted a variance in 1981 <br />for construction of an attached garage, such variance <br />approval allowing 3,222 s.f. (15.1%) in the 0-75' zone. <br />Per the hardcover calculations by applicants' surveyor, <br />existing 0-75' hardcover currently is 3,233 s.f., <br />within 11 s.f. of the amount previously approved for <br />this property. <br />C> Replacement of the old deck will result in a safer <br />condition, since the old deck was deteriorating. <br />D) The applicants proceeded to construct the <br />replacement deck without applying for the necessary <br />variance or building permit. <br />4, The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the <br />applicants and the effect of the proposed after-the-fact <br />variances on the health, safety and welfare of the <br />community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />after-the-fact variances would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other <br />danger to neighboring property; would not merely serve as a <br />convenience to the applicants, but is necessary to <br />alleviate a demonstrable hardship or difficult^'; is <br />necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />OONCLDSIONS, ORDER AND COEDITIOM. <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants after-the-fact variances to <br />Municipal Zoning Code Section 10.22, Subdivisions 1 and 2 and <br />Section 10.55, Subdivision 8 to permit the after-the-fact <br />construction of a deck located in the 0-75' lakeshore setback <br />zone where no structure or hardcover is normally allowed, subject <br />to the following conditions: <br />Page 2 of 5