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City of ORONO <br />RESOLUTION JF THE CITY COUNCIL <br />NO. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally to <br />other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary tc <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above f indings, the Orono City Council hereby <br />gran,:s a variance to the Municipal Zoning Code Section 10.22, <br />Subdivision 1 and 10.55 Subdivision 8 to allow construction of decks <br />and an addition to the existing house 28 feet from the lakeshore where a <br />75' setback is required, and a variance to Section 10.22 Subdivision 2 <br />to allow an increase in hardcover in the 0-75' setback zone from 2,260 <br />square feet (or 6%) to 3,510 square feet (or 9%) where no hardcover is <br />allowed, subject to the following conditions: <br />1. Applicant is hereby advised that the City will not <br />approve any future improvements that result in additional <br />hardcover in the 0-75' setback zone, and that if such <br />improvements are proposed that they be counterbalanced with <br />the removal of existing hardcover. <br />2. Authorities granted by this variance run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit within <br />-)ne year of the date of Council approval, or this variance <br />will expire on that dale (October 15, 1985). <br />