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�O � O 6*- CITY of ORONO "Sk�� rlf0. �1%, RESOLUTION OF THE CITY COUNCIL 4kESiiO4 NO. 3 0 ,Ja - 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 applicant; 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 the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2. and Section 10.56, Subdivision 16 (L) to permit the construction of a swimming pool resulting in hardcover excesses in the 75-250' setback zone, and grants a variance to Section 10.22, Subdivision 1 to allow a 1.5' encroachment of the average lakeshore setback by said pool where no encroachment is normally allowed, subject to the following conditions: 1. Hardcover on the property shall be limited to 0% (0 s.f.) in the 0-75' zone; 8,958 s.f. (32.6%) in the 75-250' zone; and 4,385 s.f. (20,4%) in the 250-500' zone per the diagram and hardcover listing attached as Exhibit B. Prior to the initial inspection for the pool, applicant shall remove the plastic or fabric liner from all landscape beds (1,390 s.f.) and shall remove and convert to non-hardcover at least 400 s.f. of the concrete and wood patio area at the southeast side of the house. Further, applicant shall work with the City staff to maximize removal in the area of the concrete and wood patio in excess of the 400 s.f. if possible. Applicant is further advised that future additions of hardcover on the property will likely not be approved, but might ie approved only in z-ox junction with the concurrent removal of existing hardcover, resulting in no net hardcover increase or a hardcover decrease. Further, applicant is advised that future replacement of plastic or fabric liners in landscape beds on the property shall be considered a violation of this approval resolution. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (September 11, 1996). Page 3 of 7