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C) The property is a narrow, triangular shaped lot <br />preventing expansion to the sides of the existing <br />structure. <br />D) The application as amended will provide no visual <br />impact on the view windows of the adjacent properties, <br />as the only encroachment of the average setback line is <br />a grade-level pool and patio area requiring no fencing. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variances would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to Municipal Zoning <br />Code Section 10.22, Subdivisions 1 (A) and 2 to permit the <br />Installation of a grade-level pool and patio and a lakeside <br />addition to the existing residence requiring approval of <br />excessive hardcover within the 75-250' setback area, proposed at <br />42.5%, and an average lakeshore setback variance of 19 for the <br />grade-level pool and patio area, subject to the following <br />conditions : <br />1. Approval of this variance application is based on <br />hardcover within the 75-250' setback area being maintained <br />at 42.5%. All improvements to remain on the property are <br />reflected on the survey/site plan attached to this <br />resolution as Page 5. All existing hardcover improvements <br />scheduled for removal shall be completed at the time of the <br />footing inspection by the Orono Building Inspector. <br />Page 2 of 5