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B) The plantings along the shared lot line on the north side <br />tend to lessen the impact of the structure by providing natural <br />screening. <br />C) The viewing windows for the residence to the south of the <br />property are angled away from the structure facing to the south <br />and as a result, the deck structure provides no visual impact for <br />the residence. <br />D) Both effected property owners have submitted letters <br />approving the subject structure. <br />E) The west half of the property that contains the majority of <br />hardcover drains away from the lake and towards Bohns Point Road. <br />4. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicant 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 <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demon- <br />strable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the <br />spirit and intent of the Zoning Code and Comprc-hensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the Orono <br />City Council hereby grants After -the -Fact variances to Municipal Zoning <br />Code Section 10.22, Subdivision 1 (B) and Section 10.22, Subdivision 2 to <br />allow the existing lakeshore det:k to remain as constructed without any <br />alterations, subject to the following conditions: <br />1. Applicant mr,at remove specific areas of existing hardcover as set <br />forth in the sui �y by Mark S. Gronbera dated 6/22/97, revised date <br />6/15/88 setting forth the following removals: <br />A. 0-75' setback area 199 i.f. or 2.63% to be removed, <br />resulting in a total hardcover of 267 s.f. or 3.56%. <br />B. 75-250' setback area 489 s.f. or 2.79% to be removed, <br />resulting in a total hardcover of 4,637 s.f. or 26.4%. <br />Page 2 of 4 <br />