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5. The property in the 75-250' lakeshore setback zone, contains <br />only the driveway, sidewalks and house as hardcover, constituting <br />3,811 square feet or 30.0% hardcover. This amount of hardcover, <br />although exceeding normal limits, is necessary to the safe and <br />reasonable use of the property. Because of the low elevation in <br />relatijn to the Lake level, the residence has no baseme..t, hence <br />increased bulk and hardcover above ground was necessary to <br />construct a suitable residence on this property. <br />6. No hardcover currently exists in tle 0-75' setback zone. The <br />proposed patio wil l encroach 5' into ;he -5' setback, creating <br />approximat . , 88 square feet of hardcover, or 1..2t; in. the 0-75' <br />zone. <br />7. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staf. . comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />8. The City Council finds that r.he conditions existing on this <br />property aro peculiar to it and do not apply generally to other <br />property ir. this zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire ia? 1 or other danger to neighboring property; would <br />nit merely s, as a convenience to the applicant, but is <br />necessary to al..eviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensi-re Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Rased upon the above findings, vne Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.22, <br />Subdivision 2 anu Section 10.55, Subdivision 8 to permit the <br />;truction of a :;rick patio partially located within the 0-75' <br />'jack zone, where r -+rdcover or W ructure is normally allowed, and <br />constituting 88 s. 1..2% hardco-.,er in the zone, and partially <br />located within the setback zone, increasing hardcover in that <br />zone to 4,187 s.f. 2.9% whcr. only 25% is normally allowed, <br />subject to t, follow..nq conditiu.• .: <br />1. The portion of patio to ho constructed in the 0-75' setback <br />zone shall encroach no more the;, 5' into the 75' lakeshore set- <br />back and shall consti � i•t�_- no more than 88 s.f. or 1.2% hardcover. <br />No additional :iardcover is allowed in the. 0-75' setback zone. <br />rage 2 of 4 <br />