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4. <br />5. <br />The applicant has made a good faith effort to <br />minimire hardcover on the property by agreeing to <br />remove portions of the existing driveway, areas of <br />plastic-lined landscape beds, and has reduced the <br />amount of hard surface from his initial proposal <br />to minimire hardcover associated with the patio <br />and retaining walls surrounding the pool. The <br />increase in 75-250' hardcover is from an existing <br />level of 23.4% to a revised proposal of 27.8% <br />The City Council has considered this application <br />including the findings and recommendations of the <br />Planning Commission, reports by City staff, comments by <br />the applicant and the effect of the after-the-fact <br />variance on the health, safety and welfare of the <br />comnunity. <br />The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply <br />generally to other property in this zoning district; <br />that granting the variance would not adversely affect <br />traffic conditions, light, ali .or pose a fire hazard <br />or other danger to neighboring property; would not <br />merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or <br />difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in <br />keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />CONCLUSIOHS, ORDER AND CONDITIONS <br />I <br />Based upon the above findings, the Orono City Council <br />hereby grants a variance to Municipal Zoning Code Section 10.22, <br />Subdivisions 1 and 2 to permit the construction of a pool and <br />associated patios and retaining walls, such construction <br />encroaching 25* past the average lakeshore setback line where no <br />encroachment is normally allowed, and such construction <br />constituting hardcover in the 75-250* zone in excess of the 25% <br />hardcover normally allowed, subject to the following conditions; <br />Page 2 of 6 <br />tP'