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� O� O �j O CITY of ORONO �a�� _ � � ' � RESOLUTION OF THE CITY COUNCIL �'� "��,> �� No. 6 1 4 4 ��kESH04� Adding a deck will not alter the essential character of the locality. Economic considerations are not a factor in this variance request. h. The topographic conditions and house location at double the required setback from the road are factors unique to this property, although not uncommon for similarly situated lakeshore lots in the LR-1 C district. Granting of the variances will allow applicants to have a deck overlooking the lakeshore where no deck currently exists. The proposed deck will not impair health, safety, comfort, morals, or in any way be contrary to the intent of the zoning code. Granting the hardc9ver variance is not merely a convenience to the applicants but will allow applicants to have a deck which is a common amenity for lakeshore properties. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the Applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this Property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the Applicants, but is necessary to alleviate a practical difficulty; is necessary to preserve a substantial property right of the Applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 to allow 46.0% hardcover within the 75'-250' zone where 25% is normally allowed in conjunction with the construction of a new deck to be attached to the existing residence, subject to the following conditions: 1. Council approval is based on the survey, construction plans and landscape plan submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. Any amendments to the plans which are not in conformity with City codes will require further Planning Commission and City Council review. Page 3 of 5