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141 0.N. ICI t 0 _., tab CITY of ORONO A 'AT Jr \�. I Ivoo~ ,� RESOLUTION OF THE CITY COUNCIL \\kESH0� NO. 4 6 6 6 A. The decks existed for many years in the same location of the proposed new decks. B. The house and decks were constructed prior to the adoption of the zoning ordinance. C. Encroachment into the average lakeshore setback will not adversely affect the neighboring property views. D. The hardcover in the 75-250' zone will not change nor will structural lot coverage with the replacement of the decks. E. The decks are located approximately 150-175' from the shoreline. 5. 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 will not adversely affect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER, AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22,Subdivision 1(B)and Section 10.56,Subdivision 16(C)(6) to allow encroachment of 70' into the average lakeshore setback to permit lakeside decks to be replaced. Approval is subject to the following conditions: Page 2 of 5