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3.The Orono Planning Commission reviewed this application on February 17, 1998 and <br />recommended approval of the proposed variances based upon the following findings: <br />4. <br />5. <br />1.The platted, but unbuilt Elmwood Avenue bisects the subject property <br />resulting in it not being considered a lakeshore lot despite having direct <br />lake access. This situation results the building site being considered a <br />through lot. This necessitates the variance and conditional use <br />permit for the proposed accessory structure, as well as the street setback <br />variance for the construction of the decks. <br />2.The proposed decks on the rear of the existing residence are a <br />replacement of decks that were removed approximately one year ago. The <br />proposed decks are approximately 374 smaller than those that had <br />previously existed. <br />3.Hardcover and structural coverage requirements will not be exceeded as <br />a result of granting the variances and the conditional use permit. <br />The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variances 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 applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welf, 'e of the community. <br />Page 2 of 5