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. 1 � �� <br /> O � <br /> � � CITY of ORONO <br /> a ;� � <br /> ti <br /> ��� �G~' RESOWTION OF T�H�CI�TY�COUNCIL <br /> �kE3II�4' NO. <br /> 4. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> renewal variance on the health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are <br /> peculiar to it and do not apply generally to other property in this zoning <br /> district; that granting tlze renewal variance would not adversely affect <br /> traffic conditions, light, air nor pose a fire hazard or other danger to <br /> neighboring property; would not merely serve as a convenience to the <br /> applicants, but is necessary to alleviate a deinonstrable hardship or <br /> 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 <br /> Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, tlze Orono City Council hereby <br /> grants renewal hardcover and lake setback variance to Orono Municipal Zoning Code <br /> Section 78-1288 (B) to allow a lakeside deck a.nd adjacent retaining walls to remain in <br /> the 0-75' zone, such deck and retaining wall constituting structure and 6% hardcover <br /> (excluding allowed stairway access) when no structure and 0% hardcover is normally <br /> allowed, subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any <br /> ainendments to the site plan which are not in conformity with City codes will <br /> require further Planning Commissioii aizd City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above the 6% level. Applicants are <br /> advised that any firture requests to increase hardcover or change the nature of <br /> existing/approved hardcover shall require City approval, and increases in <br /> hardcover will not likely be approved without concurrent reduction in existing <br /> hardcover. <br /> 3. Should at any point in time the retaining wall or deck need to be replaced, the <br /> lakeside deck must be removed in its entirety and shall not be replaced. Also,the <br /> slope must be re-vegetated with plant material approved by City staff in the event <br /> that the deck is removed. As allowed by Section 78-1282, a 32 square foot <br /> Page 3 of 6 <br />