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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 3087 <br />a) Portions of the existing pool and deck encroach into <br />the 26' required setback from the adjacent wetland. <br />Decking within the substandard setback is at a minimal <br />width at 1-21. The expansion of dechi►g will provide a <br />necessary level of safety and convenience for those who <br />use the elevated deck and pool. The additional <br />encroachment of the wetland setback area by the <br />improved decks is not of a significant magnitude to <br />outway the safety issues. <br />b) Hardcover within the 0-75' setback area is decreased <br />from 14.2% to 5.68%. The proposed lakeshore <br />improvements consist of the construction of a deck <br />within the 0-75' setback area at 490 s.f. and 704 s.f. <br />of deck within the 75-250' setback area. The applicant <br />proposes concurrent removals of existing brick patio <br />and plastic lined landscape beds. <br />4. The City Council finds that the conditions existing on this <br />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 <br />a demonstrable hardship or difficulty; is necessary to <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 />5. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the <br />effect of the proposed variance on the health, safety and <br />welfare of the community. <br />Page 2 of 6 <br />