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A. The decks existed for many years in the same location of the proposed new <br />decks. <br />B. The house and decks were constructed prior to the adoption of the zoning <br />ordinance. <br />C. Encroachment into the average lakeshore setback will not adversely affect the <br />neighboring property views. <br />D. The hardcover in the 75-250' zone will not change nor will structural lot <br />coverage with the replacement of the decks. <br />E. The decks are located approximately 150-175' from the shoreline. <br />5. The City Council finds that the conditions existing on this property are peculiar to <br />it and do not apply generally to other property in this zoning district; that granting <br />the variance will 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 hardship <br />or difficulty; is necessary to preserve a substantial property right of the applicants; <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />6. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variance on the health, safety and <br />welfare of the community. <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 Municipal Zoning Code Section 10.22, Subdivision 1 (B) and Section 10.56, Subdivision <br />16(C)(6) to allow encroachment of 70' into the average lakeshore setback to permit lakeside decks <br />to be replaced. Approval is subject to the following conditions: <br />Page 2 of 5