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RESOLUTION OF THE CITY COUNCIL <br />NO. 5 6 5 <br />a. Because of topography and the sight line established by the existing house <br />the proposed pergola will have no impact on the sight lines of the house to <br />the northwest of the Property. <br />b. The house to the southeast of the Property is located closer to the lake than <br />the house on the Property so the proposed pergola will have no impact on <br />the sight lines from this house. <br />4. The City Council has considered this application including the findings and <br />recommendation of the Planning Commission, reports by City staff, comments <br />by the applicants and the public, and the effect of the proposed variance on the <br />health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air <br />nor pose a fire hazard or other danger to neighboring property; would not <br />merely serve as a convenience to the Owners but are necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the Owners; and would be in keeping with the spirit and <br />intent of 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 grants a variance to Orono <br />Municipal Zoning Code Section 78-1279 revising the average lakeshore setback variance <br />approved by Resolution No. 4908 to allow construction of a 16 foot deep pergola attached to <br />the lake side of the house, subject to the following conditions: <br />1. Council approval is based on the site and pergola plans submitted by the <br />Applicants and annotated by City staff, attached to this Resolution as Exhibits <br />A. and B. Any amendments to these plans may require further Planning <br />Commission and City Council review. <br />2. Authorities granted by this resolution run with the Property not with the <br />owners, but are permissive only and must be exercised by obtaining a building <br />Page 2 of 4 <br />