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Resolution 5119
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Resolution 0001-7547
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Reso 5100 - 5199 January 12, 2004 - June 14, 2004)
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Resolution 5119
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11/10/2015 11:07:54 AM
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, . . <br /> . � O� <br /> O O <br /> � �� g CITY of ORONO <br /> � --- -� � <br /> ti <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��`�kESS�g'�G NO. 5 � � � <br /> c. The existing grade level deck is located entirely within the lake <br /> setback. <br /> d. Any proposed change in the hardcover within the 0-75' setback zone <br /> requiTes a variance as the hardcover level in the area is non- <br /> conforming at 21.61%. <br /> e. The applicants are proposing to reduce the hardcover level by 52 s.f. <br /> with the removal of the existing deck and adding a smaller stone patio <br /> to achieve a level within the 0-75' zone of 21.18%. <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 /> 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 the variance would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> ' preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. . <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivisions A and <br /> B to allow a hardcover variance within the 0-75' setback zone in order to reduce the <br /> hardcover from 21.61% to 21.18% 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 B. Any <br /> amendments to the site plan which are not in conformity with City codes will <br /> require further Planning Commission and City Council review. <br /> 2. Hardcover in the 0-75' zone shall not increase above the 21.18% per the proposed <br /> � plan and hardcover allowance summary as depicted on Exhibit B. Applicants are <br /> advised that any future requests to increase hardcover or change the nature of <br /> Page 2 of 5 . <br />
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