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removed in equivalent amounts, yielding no net increase in <br />hardcover on the property. <br />c. Hardcover on the property as a whole is 13.3% of the <br />entire lot, leaving 86.7% of the lot in vegetated area <br />available for the absorption and filtration of run-off. <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 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 the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.22, Subdivision <br />1 & 2 to permit the construction of a 3 season porch and upper level <br />decks, such porch and decks encroaching past the average lakeshore <br />setback line where no encroachment is normally allowed, and such <br />improvements constituting additional hardcover in the 75-250' zone in <br />excess of the 25% hardcover normally allowed in that zone, subject to <br />the following conditions; <br />1. Hardcover in the 75-250' zone is approved at a level of <br />35.5%. All existing and proposed hardcover approved with this <br />variance approval is recorded in the calculation worksheet and <br />diagram attached to the resolution as Exhibit B. The current <br />property owner and all future owners of this property are placed <br />on notice that hardcover shall not be increased above the <br />currently approved level and any proposed improvements of this <br />property that will result in additional hardcover must be <br />approved by the City. Such approval may result in a requirement <br />for concurrent equivalent or greater removals of existing <br />hardcover. All existing hardcover scheduled for removal as a <br />condition of this resolution must be removed prior to the footing <br />inspection for the new construction. <br />Page 2 of 4