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’’^5 new deck structure will no longer be located within the <br />10 side setback rrea along the west property line* <br />i* City Council has considered this application including the <br />rindings and recomnendations of the Planning Commissionr reports by <br />City staffs comments by the applicant and the effect of the proposed <br />variances on the health* safety and welfare of the communitye <br />5e 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 distri2t; that granting the variances would <br />not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve <br />as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a <br />substantial property right of the applicant; and would be in keeping <br />with the spirit and intent of the Zoning Code and Comprehensive Plan <br />of the City. <br />CONCLUSIONS, ORDBR AND CONDITIONS <br />m*.,. r* upon one or more of the findings noted above, the Orono <br />7a hereby grants variances to Municipal Zoning Code Section <br />10.22, Subdivisions 1 fi 2 to permit the reconstruction of a lakeside deck <br />requiring a hardcover variance for additional hardcover of 297 square feet <br />resulting in total hardcover of 3,552 square feet or 35.16% where only 25% <br />IS allowed within the 75-250' setback zone, and the reconstructed deck will <br />encroach 7' beyrnd th-s average lakeshore setback line, subject to the following conditions: <br />granted by this resolution run with the property not <br />the applicant, but are permissive only and must be exercised by <br />application for a building permit within one year of the date of <br />Council approval, or this variance will expire on that date (April 10, <br />Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the zoning <br />code, shall automatically terminate any authority granted herein, and <br />shall be punishable as a misdemeanor. <br />3. The undersigned applicant has read, understood and hereby agrees <br />to the terms of this resolution and on behalf of herself, her heirs, <br />successors and assigns, hereby agrees to the recording of this <br />resolution in the chain of title of the property. <br />Page 2 of 4