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CITY of ORONO <br /> A4 <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> SII0 NO. 5 4 6 9 <br /> a. The property is 18,180 s.f. or 0.42 acre in area and has 88' in width at the <br /> OHWL and at the 75' setback. <br /> b. No additional land is available for acquisition by the applicants to make the <br /> property conforming with respect to the street side setback. <br /> c. The property was created in 1980 as part of the Bayside Beach plat. At that <br /> time the City recognized that the creation of three substandard lots and one <br /> outlot was preferential to the continued operation of a marina. <br /> d. Per Resolution 1820 in 1985, the property received hardcover variances for <br /> the 0-75' zone for 5 square feet, and 75'-250' zone for 3,572 square feet for a <br /> home and supporting hardcover. The City Council finds that the proposed <br /> level of hardcover of 4,239 s.f. is necessary to allow the applicants reasonable <br /> use of their property. <br /> 4. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments by <br /> the applicants and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are peculiar to <br /> it and do not apply generally to other property in this zoning district; that granting <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the applicants, but is necessary to alleviate a demonstrable <br /> hardship or difficulty; is necessary to preserve a substantial property right of the <br /> applicants; and would be in keeping with the spirit and intent of the Zoning Code <br /> and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-305 and 78-1288 to allow a 21.7' side <br /> street setback and hardcover within the 75' —250' zone consisting of 4,239 s.f. or 36.5% in order <br /> to construct a covered porch addition to the street side of the home and a pergola on the lakeside <br /> of the home, subject to the following conditions: <br /> Page 2 of 5 <br />