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CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 5 0 5 B <br />4. The City Council has considered this application including the findings <br />and recommendation of the Planning Commission, reports by City staff, <br />comments by the applicants and the public, and the effect of the proposed <br />variance on the health, safety and welfare of the community. <br />5. The City Council finds that the conditions existing on this property are <br />peculiar to it and do not apply generally to other property in this zoning <br />district; that granting the variance would not adversely affect traffic <br />conditions, light, air nor pose a fire hazard or other danger to neighboring <br />property; would not merely serve as a convenience to the applicants, but is <br />necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicants; and would be in <br />keeping with the spirit and intent of the Zoning Code and Comprehensive <br />Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants a hardcover variance to Orono Municipal Zoning Code Section 78-282 and 78- <br />1288 (B) to allow an existing lakeside deck to remain in the 0-75' zone, subject to the <br />following conditions: <br />I. Council approval is based on the site plan submitted by the applicants and <br />annotated by City staff, attached to this Resolution as Exhibit A Any <br />amendments to the site plan which are not in conformity with City codes will <br />require further Planning Commission and City Council review. <br />2. Hardcover in the 0-75' zone shall not increase above the 6% level. Applicants are <br />advised that any future requests to increase hardcover or change the nature of <br />existing/approved hardcover shall require City approval, and increases in <br />hardcover will not likely be approved without concurrent reduction in existing <br />hardcover. <br />3. Should at any point in time the retaining wall or deck need to be replaced, the <br />lakeside deck must be removed in its entirety and shall not be replaced. Also, the <br />slope must be re-vegetated with plant material approved by City staff in the event <br />that the deck is removed. As allowed by Section 78-1282, a 32 square foot <br />landing may be constructed in the 0-75' zone in the event that the deck is replaced <br />but under no circumstances may a 32 square foot landing be constructed in <br />Page 3 of 6