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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 />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council nereby grants variances to Municipal Zoning Code Section <br />10.22, Subdivisions 1 and 2 to permit the construction of additions to <br />the east side of the existing residence requiring an average lakeshore <br />setback variance and hardcover variances within the 75-250' setback <br />area, subject to the following conditions: <br />1. Applicant shall remove 445.4 s.f. of existing hardcover to <br />offset 389.5 s.f. of new structural hardcover and 55.9 s.f. of <br />new nonstructural hardcover for proposed lakeshore improvements. <br />Total hardcover shall be maintained at 6956.6 s.f. or 35.7%. <br />Hardcover removals are shown on Page 5 of this resolution. <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 (October 22, 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 5