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O O CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 6382 <br /> �kESHOg� <br /> c. The Applicants have proposed to construct a new higher pitched and <br /> differently shaped roof over the existing home which encroaches almost <br /> entirely into the average lakeshore setback. <br /> d. The Applicants have proposed to remove an existing deck on the lake side of <br /> the home and construct a new deck and screen porch which will encroach <br /> entirely into the average lakeshore setback. <br /> e. The screen porch will meet the required 30-foot side yard setback. A <br /> fireplace is proposed on the east side of the screen porch; the chimney is <br /> permitted to encroach up to two feet into the 30 foot side setback. The two <br /> foot "encroachment" is considered a nonencroachment to the side setback <br /> pursuant to Zoning Code Section 78-1405. <br /> f. With a total of 20% proposed hardcover, the Property will conform to the <br /> hardcover limitations of 25% for a Tier 1 lot. Structural coverage limitations <br /> will also be met. <br /> g. The Applicants' proposed new roof, deck and screen porch will not alter the <br /> essential character of the neighborhood and will result in minimal or no <br /> negative impact on adjacent properties. <br /> h. The Applicants' project will not adversely impact views of the lake currently <br /> enjoyed by the adjacent properties. <br /> i. The Applicants' request is in harmony with the purpose and intent of the <br /> ordinance. <br /> j. The Applicants have demonstrated that enforcing the provisions of the Zoning <br /> Ordinance deprives the Applicants of the reasonable use of their Property. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the Applicants and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this Property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicants, but is necessary to alleviate a practical difficulty; <br /> is necessary to preserve a substantial property right of the Applicants; and would <br /> Page 2 of 4 <br />