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r <br /> . / O <br /> � � • <br /> � O O �. <br /> ��b - CITY of URONO <br /> � F <br /> �� G'� RESOLUTION OF THE CITY COUNCIL <br /> ��SI�p4� � � � NO. �: � � 0 <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicants, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive Plan <br /> of the City. <br /> 5. The City Council has considered this application including the findings.and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> by the applicants and the effect of the proposed variance on the health, safety <br /> and welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> • grants variances to Municipal Zoning Code Section 10.56, Subdivision 16 (C) (1) to permit <br /> the construction of a swimming pool 123' from the OHWL of Lake Classen where 150' is <br /> required to lakes classified as NE, Natural Environment and to Section 10.56, Subdivision <br /> 16 (C) (3) to permit a 9', encroachment into the average lakeshore setback for structures <br /> where no encroachment is allowed subject to the following conditions: <br /> 1. Applicants shall remove hardcover as depicted on the approved site plan <br /> attached hereto as Exhibit A. Final hardcover shall not exceed 25% of the <br /> land area within the 75-250' setback. <br /> 2. Authorities granted by this variance run with the property not with the <br /> applicants, but are permissive only and must be exercised by application for <br /> . a building permit within one year of the date of Council approval, or this <br /> � variance will expire on that date (December 11, 2001). <br /> 3. Violation of or non-compliance with any of the terms and conditions of this <br /> variance shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> � . . <br /> Page 3 of 6 <br /> � <br />