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�— � O� � O O . ��b. - . CITY of ORONO � � ti �� G'� RESOLUTION OF THE CITY COUNCIL ��sH.o�� No. � 4 5 4 �. . � . A. Air photos indicate the pre-existing deck was constructed sometime between the mid 1970's to the early 1980's. The City does not have a permit on file for the deck. B. At its closest point, the deck would not encroach nearer to the protected . tributary than the old deck (48' from the OHWL). C. A deck would continue to provide a landing for a sliding glass door located at the rear of the house. D. The original deck would have been constructed prior to the adoption of the Shoreland Ordinance. The Shoreland Ordinance applies to non- � lakeshore properry. Section 10.22, which is the ordinance that regulated hardcover prior to 1992, applies only to lots zoned Lakeshore Residential and only to lakeshore properties. The applicant's property is zoned RR- � � 1B and is not a lakeshore property. ` � E. The total hardcover for the replacement deck within 75' of the creek is � • 170 s.f. where 174 s.f. had existed prior to removal of the deck. 4. 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 variances would not adversely affect tra�c conditions, light, air nor pose a fire hazazd or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial properry right of the applicant; and would be in keeping with the spirit and � intent of the Zoning Code and Comprehensive Plan of the City. ' 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. � _ Page 2 of 4