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5. 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 />6. 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 demonstrable 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 />CONCLOSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants variances to A<”'*icipal Zoning Code <br />Section 10.22, Subdivisions 1 and 2 to permi onstruction of a <br />landing and access stairs within the lakeshore ^ :d of the property <br />requiring approval of a lakeshore setback variance of 44' for the new <br />structure where a 75' setback is required and approval of additional <br />hardcover of 32 s.f. for a total of approved hardcover at 2,005 s.f. <br />or 21.6% where none is allowed subject to the following conditions: <br />1. Applicant shall obtain a building permit for approved landing <br />and stairs limited to 32 s.f. Access stairs shall be constructed <br />so that they run parallel to the lakeside of the house. The City <br />shall approve no more than a 4' encroachment into the lakeshore <br />setback area beyond the existing principal structure. <br />2. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or this variance will expire on <br />that date (July 23, 1991). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4