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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. () Applicant constructed an 8'x 30' deck on the lakeshore side of the existing residence in violation of the conditions of the original 1978 variance approval Application #368. Applicant should comply with condition of that approval by removal the appropriate portions of that illegal deck. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 vari4nce 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 applicant, 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 the Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow construction of a second story addition over an ex -sting first story located 4.2' from the side lut line where a 10' side setback is normally required; and grants a variance to Section 10.22, Subdivision 1 to allow encroachment of 7' into the average lakeshore setback zone where no encroachment is normally allowed and allow a 1' encroachment into the 0-7-' lakeshore setbc:ck zone where no encroachment is normally allowed; and grants a variance to Section 10.22, Subdivision 2 to al low hardcover of 1.3% in the 0- 75' lakeshore setback zone where no hardcover is normal ly allowed, subject to the following conditions: 1. Applicant must remove tt,e 8'x 30' deck excepr for a 6'x 8' section which is allowed to remain. 2. The removed deck sections may be replaced with a loose rock or woodchip area underlain by permeable geotechnical weed reduction fabric but not plastic sheeting which is hardcover. Page 2 of 4