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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 78-305 Subdivision B to allow a side setback of 10' where 30' is normally required for the construction of a new attached garage and a variance to Orono Municipal Zoning Code Section 78-1279 Subdivision 6 to allow an existing deck to be reconstructed within the average lakeshore setback, and denies a variance to Municipal Zoning Code Section 78-1288 for hardcover in excess of the allowed 25% in the 75' -250 ' 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 level of 59% 4,280 s.f. (C .S.A.H. 15). Hardcover in the 75-250' zone shall be limited to 4 ,908.5 s.f. or 25% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. 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. Applicants shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces . Page 3 of 6