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. . . .., , o ( 04. O CITY of ORONO t6 �;.!��ir �Gti,,,_, ";'s. 1 TT RESOLUTION OF THE CITY COUNCIL 4ifESH04 NO. 3 7 5 5 A. The proposed deck is above an existing, one story enclosed porch and therefore does not constitute new or additional hardcover on the property. B. The extension of the railing above the second floor level has no significant impact on neighbors' views of the lake, since neither neighbor has significant views of this portion of applicants' house. C. Although the average lakeshore setback line drawn on applicants' submitted survey suggests a 10'-12' average setback encroachment, an average setback line based on City topographic maps suggests there may in fact be no average setback encroachment. Further, vegetation to the south is too dense to allow a visual site line confirmation of the average setback line location. D. The second story deck and associated railing do not add significantly to the bulk of structure located less than 75' from the lake. E. Applicants have recently removed a concrete sidewalk that was located within the 0-75' setback zone, thereby resulting in a decrease in 0-75' hardcover. In addition to the existing 12.5'x26.3' enclosed porch, the 0- 75' zone contains a 12'x16' main floor level deck, and an area of landscaping lined with plastic, comprising approximately 270 s.f. in area. The plastic should be removed from below the landscaping to make this area non-hardcover. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicants, but is necessary to alleviate a Page 2 of 6