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#06-3220 Recorded Resolution 5507 - Doc No 8907414
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06-3220, VAR
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#06-3220 Recorded Resolution 5507 - Doc No 8907414
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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 5 0 7 <br />6. The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other prope1iy in this zoning district; that granting <br />the variance would not adversely affect traffic conditions, light, air nor pose a fire <br />hazard or other danger to neighboring property; would not merely serve as a <br />convenience to the applicants, but is necessary to alleviate a demonstrable <br />hardship or difficulty; is necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and intent of the Zoning Code <br />and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new <br />lakeside deck to be located 52.9' from the OHWL where a 75' setback is nom1ally required and <br />a variance to Orono Municipal Zoning Code Section 78-1288 to allow hardcover within the 0- <br />75'zone of 903 s.f. or 5% where 1,234 s.f. or 7% currently exists and 0% is nonnally allowed <br />and within the 75'-250' zone of9,949 s.f. or 31.5% where 10,037 s.f. or 32% cunently exists and <br />25% is normally allowed in order to construct a new rear stoop and lakeside deck, subject to the <br />following conditions: <br />1. Council approval is based on the site plan submitted by the applicants and annotated by <br />City staff, attached to this Resolution as Exhibit B. Any amendments to the site plan <br />which are not in conformity with City codes will require further Planning Commission <br />and City Council review. <br />2. Hardcover in the 0-75' zone shall· not increase above the level of 903 s.f. or 5%. <br />Hardcover in the 75-250' zone shall be limited to 9,949 s.f. or 31.5% per the proposed <br />plan and hardcover allowance summary as depicted on Exhibit B. Applicants are advised <br />that any future requests to increase hardcover or change the nature of existing/approved <br />hardcover shall require City approval, and increases in hardcover will not likely be <br />approved without concurrent reduction in existing hardcover. <br />3. Applicants shall remove all plastic or fabric liner material from the decorative landscape <br />beds on the property to ensure their permeability as non-hardcover surfaces. <br />4. Required removals of structure and hardcover shall be completed by the footing <br />inspection for the new deck. <br />Page 3 of 5
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