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RESOLUTION OF THE CITY COUNCIL <br />NO. <br />City of OR ONO <br />CITY <br />OF <br />ORONO <br />C. The proposed pool, while encroaching 71' past <br />average setback line, is at a relatively low point in <br />topography as compared to both neighboring properties, <br />will have no impact on neighbors views of the lake. <br />2860 <br />the <br />the <br />and <br />d. The proposed pool and additions comprise additional <br />structural and at -grade hardcover on the property of 368 <br />s.f. Applicant proposes removals of approximately 927 s.f., <br />for a net reduction in hardcover to 35.6% from the pre- <br />existing 37.5%. Planning Commission's review of the <br />application indicated that the proposed pool would likely <br />have some additional hardcover after it was moved a few feet <br />lakeward to meet the 10' deck overhang setback. Applicants <br />noted that if that occurred, there was additional hardcover <br />in rock and plastic, and driveway, that could be removed so <br />that hardcover would never exceed 35.6% in the 75-250' zone. <br />4. The City Council has considered this application including <br />the findings and recommendatio-s of the Planning Commission, <br />reports by City staff, comments by the applicant and the <br />ct <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />5. The City Council finds that the conditions <br />existing <br />n this <br />property are peculiar to it and do not apply geY to <br />er <br />property in this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDzR AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to Municipal Zoning Code Section 10.22, Subdivision <br />1 & 2 to permit the construction of proposed additions and pool, which <br />additions and pool encroach past the defined average lakeshore setback <br />line where no encroachment is normally allowed, and which comprise <br />additional hardcover in the 75-250' zone above the 25% hardcover <br />normally allowed, subject to the following conditions: <br />Page 2 of 5 <br />