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City of ORONO <br />t RESOLUTION OF THE CITY COUNCIL <br />` NO. 2187 <br />t - <br />C) The hardcover added by the 10'x23' deck is justified by the <br />need to have a suitable area in order to exit from the proposed <br />lake side doorway, and is justified by the concurrent proposed <br />reduction in overall hardcover in the 75-250' setback zone. <br />D) The proposed removal of the existing garage and construction <br />of a tuckunder garage will create a safer access to Eagerness <br />" Point Road. <br />4. Both adjacent neighboring properties contain a deck imilar to the <br />proposed deck. <br />5. The City Council has considered this application including the <br />findings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicants and the effect of the proposed <br />variance on the health, safety and welfare of the .:ommunity. <br />6. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not a­)nly generally to other <br />property in this zoning district; that granting the variance would not <br />adversely affect traffic conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property7 would not merel•/ serve as a <br />conven{.ence to the applicant, but is necessary to alleviate a demon- <br />strable hardship or d_fficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the <br />spin t and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 6 <br />2 and Section 10.55, Subdivision 8 to allow the construction of a 101x23' <br />deck within the 0-75' lakeshore setback zone, which will increase the <br />hardcover in that zone to 17.3% where no hardcover or structure is normally <br />allowed, and allowing such deck to encroach approximately 2' into the <br />average lakeshore setback zone where no encroachment is normallv allowed; <br />and to allow the construction of a one-story addition with tuckunder garage <br />in the 75-250' lakeshore setback zone, resulting in 75-250' hardcover of <br />34.25% whc:c only 25% hardcover is normally allowed, subject to the <br />following conditions: <br />1. The 23'x10' deck approved is intended to replace an existing <br />5.51x5.3' concrete stairway structure which will be removed. <br />Applicant shall remove the existing garage, shed and hardcover items <br />as shown on Exhibit "A" attached, prior to issuance of a Certificate <br />of Occupancy for the residence, and applicants may not 3ccu.py the <br />additions until such certificate is issued. <br />2. Final hardcover on the property shall be as follows: <br />Page 2 of 5 <br />