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, . . . � O� O O � �� g CITY of ORONO � --- -� � ti ti RESOLUTION OF THE CITY COUNCIL ��`�kESS�g'�G NO. 5 � � � c. The existing grade level deck is located entirely within the lake setback. d. Any proposed change in the hardcover within the 0-75' setback zone requiTes a variance as the hardcover level in the area is non- conforming at 21.61%. e. The applicants are proposing to reduce the hardcover level by 52 s.f. with the removal of the existing deck and adding a smaller stone patio to achieve a level within the 0-75' zone of 21.18%. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are � peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to ' preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1288 Subdivisions A and B to allow a hardcover variance within the 0-75' setback zone in order to reduce the hardcover from 21.61% to 21.18% subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicants and annotated by City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2. Hardcover in the 0-75' zone shall not increase above the 21.18% per the proposed � plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised that any future requests to increase hardcover or change the nature of Page 2 of 5 .