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� °� . <br /> � o 0 <br /> ��b. - C ITY of ORONO <br /> � � <br /> �� G'�' RESOLUTION OF THE CITY COUNCIL <br /> ��kESHO�'� NO. ��,�j � `� `� . <br /> 3. The deck does not affect views, hardcover. or lakeshore encroachment <br /> beyond what has historically existed. <br /> 4. The City Council finds that the conditions existing on this property aze peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variances would not adversely affect tr�c conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> . serve as a convenience to the applicant, but is necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> . property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan 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 af�er-the-fact variances to Municipal Zoning Code Section 10.22, Subdivisions 1(A) and <br /> 2 and Section 10.56, Subdivision 16(C6) allowing the retention of the deck replacement <br /> resulting in 15.1% hardcover in the 0' to 75' lakeshore setback where none is allowed, 39' <br /> encroachment into the average lakeshore setback where none is allowed and a lakeshore setback <br /> variance of 40.7' to allow the deck to remain 343' from the OHWL where 75' is required. <br /> Approval was subject to the following conditions. <br /> 1. No variances for additional hardcover shall be granted in the future. <br /> 2. Authorities granted by this variance run with the property not with the applicant, <br /> but are pernussive only and must be exercised by application for a building <br /> permit within one year of the date of Council approval, or this variance will <br /> expire on that date (March 23, 1999). <br /> • Page 2 of 5 <br />