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FINDINGS <br />1. This application was reviewed as Zoning File #2418. <br />2. The property is located in the LR-lB, One Family Lakeshore Residential Zoning <br />District. <br />3. The City Council granted variances on July 28, 1997 to allow the residence to <br />encroach into the average lakeshore setback, and to allow 11,606 s.f. (26. 7%) of <br />hardcover in the 75-250' lakeshore setback where 10,850 s.f. (25%) is allowed <br />and 11,606 s.f. (26. 7%) existed at the time of application. Approval was in <br />accordance with the survey and site plan submitted with Zoning Application <br />#2265 on file with the City of Orono Department of Building and Zoning, dated <br />February 12, 1996. <br />4. A residence existed on the lot at the time the City Council granted a hardcover <br />variance on July 28, 1997. The City Council granted a variance for hardcover <br />to not exceed 11,603.5 s.f. (26.7%) meeting the conditions that were legally <br />existing on the property prior to removal of the proposed residence. <br />5. City Staff approved a site plan change to allow a smaller footprint to be located <br />farther from the lakeshore and issued a building permit on July 15, 1998. Staff <br />determined that the revised plan met the intent of the City Council approval. <br />· 6. The City Council finds that the conditions existing on this property have <br />changed since the original house has been removed. The approval to allow <br />26.7% hardcover was granted due to 26.7% hardcover existing on the property <br />at the time of application. The conditions that existed at the time the hardcover <br />variances were granted have changed. Subsiquently, the home has been removed <br />and the new foundation and a portion of the first level of the new residence are <br />complete. The request for additional hardcover on August 19, 1998 occurred <br />following the removal of the preexisting house. <br />7. The applicants are allowed the hardcover granted by variance on July 28, 1997 <br />( amended 7 /15/98) to allow the building envelope and site plan previously <br />approved because a building permit was issued before the variances expired. <br />The building permit is valid until July 15, 1999. <br />Page 2 of 4