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C) The screen porch and a portion of the patio are <br />reasonable to allow the applicant enjoyment of his lakeshore <br />yard, but the sidewalk and small deck near the west entry <br />door area is unnecessary and not justified. <br />4. Applicant's hardship is the location of the existing house <br />which was constructed prior to the 75 foot setback requirement. <br />5. The City Council has onsidered this application 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 />6. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally t.a 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 <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants variances, as amended herein, to the Municipal Zoning Code <br />Section 10.22, Subdivision 1 to permit the construction of a screen <br />porch located 65' from the lakeshore where a 75' setback is normally <br />required, and which screen porch is located closer to the shoreline <br />than the average distance fom the shoreline of the adjacent <br />residences; and grants variances to Sections 10.22, Subdivision 2 and <br />10.55, Subdivision 8 to allow an increase in hardcover from 1% to 4.4% <br />and allow structure within the 0-75' lakeshore setback zone, and to <br />allow an increase in hardcover in the 75-250' lakeshore setback zone <br />from 26.4% to 26.7%, subject to the following conditions: <br />1. Hardcover permitted in the 0-75 foot setback is limited to: <br />100 s.f. - stairway to lake <br />100 s.f. - 101x10' portion of screen porch <br />280 s.f. - patio and deck of approximately 101x28' adjacent <br />to screen porch and parallel to house <br />480 s.f. TOTAL or 4.4% hardcover, as shown an Exhibit A <br />attached <br />Page 2 of 4 <br />