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a�arvo <br />City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />c) Applicant constructed an 8'x 30' deck on the lakeshore <br />side of the existing residence in violation of the <br />conditions of the original 1978 variance approval <br />Application #368. Applicant should comply with condition of <br />that approval by removal the appropriate portions of that <br />illegal deck. <br />4. 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 effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a uemonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.25, <br />Subdivision 6(B) to allow construction of a second story addition over <br />an existing first story located 4.2' from the side lot line where a <br />10' side setback is normally required; and grants a variance to <br />Section 10.22, Subdivision 1 to allow encroachment of 7' into the <br />average lakeshore setback zone where no encroachment is nornally <br />allowed and allow a 1' encroachment into the 0-75' lakeshorc setback <br />zone where no encroachment is normally allowed; and grants a va iance <br />to Section 10.22, Subdivision 2 to allow hardcover of 1.38 in t ;e 0- <br />75' lakeshore setback zone where no hardcover is normally a _wed, <br />subject to the followin- conditions: <br />1. Applicant must remove the 8'x 30' deck except for a 6'x 8' <br />section which is allowed to remain. <br />2. The removed deck sections may he replaced with a loose rock c <br />woodchip area underlain by permeable geotechnical weed reducticn <br />fal,ric but not plastic sheeting which is hardcover. <br />Page 2 of 4 <br />