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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 01 0 5. The property in the 75-250' lake -shore setback zone, contains only the driveway, sidewalks and house as hardcover, constituting 3,817 square feet or 30.0% hardcover. This amount of hardcover, although exce-ding normal limits, is necessary to the safe and reasonable use of the property. Because of the low elevation in relation to the lake level, !-- resic,:nce has no basement, hence increased bulk and hardcover above .,-round was necessary to construct a suitable residence on this property. 6. No hardcover currently exists in the 0-75' setback zone. The proposed patio will encroacn 5' into the 75' setback, creating approximately 88 square feet of hardcover, or 1.2%, in the 0-75' zone. 7. 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. 8. 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 m-rely 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 thc- applicant; and would be in keeping with the spirit and intent of the Zonir-q Code and Comprehensive Plan of the City. CONCLUSIONS, LRDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zonir_g Code Section 10.22, Qubdivision 2 and Section 10.55, Subdivision 8 to permit the construction of a brick patio partially lo,:ated within the 0-75' setback zone, where no hardcover or structure is normally allowed, and constituting 11 s.f. or 1.2% hardcover in the zone, and partially located within th.- :s 250' setback zone, increasing hardcover in that zone to 4,387 s.f. or .,2.-% where only 25% is normally allowed, subject to the following conditions: 1. The portion of patio to be constructed in the 0-75' setback r^ne shall encroach no more than 5' into the 75' lakeshore set- h. A and shall constitute no more than 88 s.f. or 1.2% hardcover. No -Additional hardcover is all -owed in the 0-75' setback zone. Page 2 of 1