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�• . .. ,. _ � .. � • . .._ . ... . .. . .. .. . . ' . . . .. ., .. . � .. . _ . . . , . . '_s .. . . - � ... . . .. . . .. . . . . ........ . � O� � . O ;. . O CITY of ORONO • � �:��=' , RESOLUTION OF THE CITY COUNCIL � �� ..;.. � . �,, '' -� ,��,� ��, NO. �`� �, � . . Y ��9� Og�G . EsS 3. The Orono Planning Commission reviewed this application on October 18, 1993, and recommended approval of the after-the-fact variances subject to specific hardcover removal requirements, . based upon the following findings: � A. The applicants' statement of hardship.and unusual property conditions indicate that the angle of the house in relation to the lot lines,creates poor accessibility to the rear of the lot, necessitating the deck: . � B. The deck as it exists today has been in place for eight years. � C. Hardcover prior to the cieck installation was approximately 32%, now is approximately 35%, all in the 250-500' zone. There is an area of the driveway backup apron which can be removed to reduce hardcover on the property by approximately 2%. • D. Applicants' fence encroachment 2' over the rear� lot line should be eliminated, and the storage shed located in the front yard where no storage � shed would normally be allowed, should be removed. E. Applicants apparently conversed witYi the Building Inspector at the time of the construction, and for unknown reasons no permit or variance applications were made at that time. � 4. The deck is an encroachment on the side setback requirement because its railing extends above the ground floor level of the residence. Portions of the deck are at an elevation that requires a railing per the building code. If the deck was lowered and the railing removed, there would be no need for a variance. However, age of the deck and its railing height no higher than the height that a . fence could be in the side yard, suggests that the encroachment has a minimal impact on the neighboring properties, especially since that deck is near the rear corners of the two nearest neighboring properties. � . 5. The City Council has considered this application including the fmdings and recommendations of the Planning Commission, reports by Ciry staff, comments . � by the applicants and the effect of the proposed variance on the health, safety and � welfare of the community. • � � � Page 2 of 7 � � � � . Form5005 DiskOiono