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200 Big Island - 23-117-23-23-0032
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85-900, VAR
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Project Packet
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City of OR,ONTO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. _ 171 r'O —. <br />. The Council finds no hardship <br />would justify allowing the storage <br />within the lakeshore setback area <br />structure is constructed. <br />demonstrated which <br />structure to remain <br />once the principal <br />5. The applicant has stated that the decking is under- <br />lain by sandy material and boulder rip -rap, has no <br />plastic sheeting or other impermeable material which <br />would retard infiltration, and will remain in this <br />condition permanently. <br />e. The applicant nas allowed the natural vs-yetative <br />screening to remain on the site. <br />7. The City Council has considered this application <br />including the findings and recommendations of the <br />Planning Commission, reports by City staff, comments by <br />the applicant, and the effect of the proposed variance <br />on the health, safety, and welfare of the community. <br />8. The City Council finds that the conditions existing <br />on this :)roperty are peculiar to it and do not apply <br />generally to other property in this zoning district; <br />that granting the variance would not adversely affect <br />traffic conditions, light, air nor pose a fire hazard <br />or other danger L.o neighboring property; would not <br />merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or dif- <br />ficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keep- <br />ing with the spirit anO intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon the above findings, the Orono City Council <br />hereby grants an after -the -fact variance to Municipal Code <br />Sections 10.55, Subdivision 8, and .10.31, Subdivision 9 to allow <br />construction of a deck located within the 0-75' setback area, <br />which structure comprises 424 square feet (or 5.8%) hardcover <br />where no permanent or temporary structures and no hardcover are <br />normally allowed, subject to the following conditions: <br />1. The deck structure may never be underlain with <br />materials which would decrease the permeability of the <br />land below the deck, nor shall it be enclosed, covered, <br />or altered in any way so as to become hardcover. <br />Page 2 of 4 <br />
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