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O O , O CITY of ORONO k 6 RESOLUTION OF THE CITY COUNCIL ESI LOg� NO. 5 O a. The existing property currently exceeds the allowable hardcover limits. Certain existing landscape areas lined with fabric or plastic can and should be made non-hardcover as a condition of variance approval. c. A deck currently exists partially within the 0-75' zone and partially within the 75-250' zone. This deck has deteriorated and needs to be replaced. d. The existing deck currently encroaches 3' into the required 75' lake setback. e. The replacement deck is proposed to be of the same size as the existing deck. 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 variances to Orono Municipal Zoning Code Section 78-282 and Section 78-1288 (b) to allow an existing deteriorated deck to be replaced, subject to the following conditions: Page 2of5