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B) The addition as designed will not substantially encroach <br />on the lake views of neighboring property owners. <br />C) The applicant has shown that he can remove existing <br />hardcover so that there is no net resulting increase in <br />hardcover, maintaining the pre-existing hardcover of 9,150 <br />s.f. or 39.4% in the 75-250' setback zone. <br />U) The proposed pool structure meets all other side and <br />lakeshore setbacks of the LR-l.B zoning district. <br />4. The City Council has considered this apFlication including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <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 appli- <br />cant; and would be in keeping with the spirit and intent of the <br />Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based uron the above findings, the Orono City Council hereby <br />grants a variar e to the Municipal Zoning Code Section 10.22, <br />Subdivision 1 to permit the construction of an attached enclosed pool <br />which will. encroach 15' into the average lakeshore setback, and a <br />variance to Section 10.22, Subdivision 2 to allow 39.4% hardcover in <br />the 75-250' setback zone where only 25% hardcover is normally allowed, <br />subject to the following conditions: <br />1. Applicant shall remove <br />205 <br />square feet of plastic <br />sheeting <br />from underneath the rock <br />on the north side of the <br />hcuse in <br />addition to the 623 square <br />feet <br />of blacktop already removed in <br />order to compensate for. the <br />828 <br />square feet of additional hard- <br />cover created by the pool <br />structure. Such plastic <br />sheeting <br />removal shall occur prior to <br />final inspection of <br />the pool <br />structure. <br />2. Applicant shall submit revisers pool structure plans <br />coinciding with the survey showing an 18'x46' addition, prior to <br />issuance of a building permit. <br />Page 2 of. 4 <br />