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� r �. � O� O O � ' g . CITY of ORONO ,� � -;.;.. � , ti �� p~' RESOLUTION OF THE CITY COUNCIL �kESII�g' , NO. 5 0 � � 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 hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78- 1288 (B) to allow an existing lakeside deck to remain in the 0-75' zone, 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 A. 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 6%level. Applicants are advised that any future requests to increase hardcover or change the nature of . . existing/approved hardcover shall require City approval, and increases in hardcover will not likely be approved without concurrent reduction in existing . hardcover. 3. Should at any point in time the retaining wall or deck need to be replaced, the . lakeside deck must be removed in its entirety and shall not be replaced. Also, the slope must be re-vegetated with plant material approved by City staff in the event that the deck is removed. As allowed by Section 78-1282, a 32 square foot landing may be constructed in the 0-75' zone in the event that the deck is replaced � but under no circumstances may a 32 square foot landing be constructed in Page 3 of 6